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2014-04-15CITY OF OKEECHOBEE APRIL 15, 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 15, 2014, City Council Regular Meeting; 6:00 p.m. II. OPENING CEREMONIES: Invocation to be given by Reverend Gwen Livatt, New St. Stephens, A.M.E; 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 "Child Abuse Prevention Month." PAGE 1 OF 7 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the April 15, 2014, Regular City Council Meeting to order at 6:01 p.m. The invocation was offered by Reverend Gwen Livatt, of New St. Stephens, African Methodist Episcopal Church; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present (entered Chambers 6:08 p.m.) Present Present Absent (Lieutenant Hagan was present) Absent (Lieutenant Conroy was present) Present Mayor Kirk read the Child Abuse Prevention Month Proclamation and then presented it to Mr. Al Jacks, of the Child Abuse Services Training & Life Enrichment (C.A.S.T.L.E.), "WHEREAS, for more than three decades, CASTLE has upheld their legacy of protecting the lives of abused children and families; and WHEREAS, CASTLE works diligently with Devereux and the Florida Department of Children and Families to ensure that every child suffering from abuse has a brighter future and hope for a safe life; and WHEREAS, children who have suffered abuse or neglect are at least 25 percent more likely to experience problems such as delinquency, teen pregnancy, low academic achievement, drug use, and mental health problems; and WHEREAS, CASTLE, along with its community partners, embraces opportunities that can potentially change the way society (continued) 223 224 AGENDA IV. PROCLAMATIONS AND PRESENTATIONS CONTINUED. A. Proclaim the month of April 2014 as "Child Abuse Prevention Month" continued. V. MINUTES - City Clerk. A. Motion to dispense with the reading and approve the Summary of Council Action for the April 1, 2014, Regular Meeting. VI. WARRANT REGISTER - City Administrator. A. Motion to approve the March 2014 Warrant Register: General Fund Public Facilities Improvement Fund Capital Improvement Projects Fund CDBG — Economic Grant Fund Appropriations Grant Fund Law Enforcement Special Fund VII. AGENDA - Mayor. $364,110.56 $ 46,279.67 $ 4,227.20 $ 13,540.00 $ 2,812.50 $ 309.00 A. Requests for the addition, deferral or withdrawal of items on today's agenda. APRIL 15, 2014 - REGULAR MEETING - PAGE 2 OF 7 COUNCIL ACTION - DISCUSSION - VOTE cares for children and youth. 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 "Child Abuse Prevention Month" and I commit this observance to the people of our community." Mr. Jacks thanked the Council and noted C.A.S.T.L.E. is an organization that helps prevent child abuse and neglect through education and awareness, by teaching parents the necessary skills to evaluate their emotions, feelings and beliefs, and focus their behaviors and parenting styles in a positive and nurturing manner. Council Member Williams moved to dispense with the reading and approve the Summary of Council Action for the April 1, 2014, Regular Meeting; seconded by Council Member Watford. There was no discussion on this item. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. Council Member Watford moved to approve the March 2014 Warrant Register in the amounts: General Fund, three hundred sixty -four thousand, one hundred ten dollars and fifty -six cents ($364,110.56); Public Facilities Improvement Fund, forty -six thousand, two hundred seventy -nine dollars and sixty -seven cents ($46,279.67); Capital Improvements Projects- Impact Fee Fund, four thousand, two hundred twenty -seven dollars and twenty cents ($4,227.20); Community Development Block Grant - Economic Development Fund, thirteen thousand, five hundred forty dollars ($13,540.00); Appropriations Grant Fund, two thousand, eight hundred twelve dollars and fifty cents ($2,812.50); Law Enforcement Special Fund, three hundred nine dollars ($309.00); seconded by Council Member Williams. 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. Add New Business item B, Exhibit 3, regarding crosswalks, and item C, Exhibit 4, news article regarding the Treasure Coast Regional League of Cities and the Treasure Coast Council of Local Government. AGENDA VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A. 1. a) Motion to read by title only, 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 - 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. 1110 by title only. 2. a) Motion to adopt proposed Ordinance No. 1110. b) Public comments and discussion. APRIL 15, 2014 - REGULAR MEETING - PAGE 3 OF 7 225 COUNCIL ACTION - DISCUSSION - VOTE MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:10 P.M. Council Member Watford moved to read by title only, 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 Williams. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. City Attorney 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 ACCORDINGL Y; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." Council Member Williams moved to adopt proposed Ordinance No. 1110; seconded by Council Member Maxwell. Mayor Kirk asked whether there were any comments or questions from the public. There were none. City Clerk Gamiotea, advised for the record, the Petition was advertised in the local newspaper, a sign was posted on the property, and nine courtesy notices mailed to surrounding property owners with no comments received as to date. Rezoning Petition No. 14- 001 -R, was submitted by Attorney Sneider of the Law Office of Glenn J. Sneider, L.C., located at 200 Southwest 9th Street, Okeechobee, on behalf of the property owner, Mr. Carrol Word, who was in attendance, of 1080 Southeast 23rd Street, Okeechobee, 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. According to the Staff Report, Planner Brisson recommends approval, as well as a unanimous recommendation of approval by the Planning Board. The proposed rezoning would be consistent with the Comprehensive Plan, now that Application No. 14- 001 -SSA was adopted at the April 1, 2014, meeting. 226 AGENDA VIII. PUBLIC HEARING CONTINUED. A. 2. b) Public comments and discussion of Ordinance No. 1110, continued. APRIL 15, 2014 - REGULAR MEETING - PAGE 4 OF 7 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. It is appropriate for the location, reasonably compatible with adjacent land uses, and 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 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 proposed use has not been inordinately burdened by unnecessary restrictions. 1 1 AGENDA VIII. PUBLIC HEARING CONTINUED. A. 2. c) Vote on motion to adopt proposed Ordinance No. 1110, Petition No. 14- 001 -R. CLOSE PUBLIC HEARING - Mayor. IX. NEW BUSINESS. A. Motion to award a bid, in the amount of $72,987.60, to Tree Locators, Inc., for the Highway 441 Streetscape Improvement Project - City Administrator (Exhibit 2). APRIL 15, 2014 - REGULAR MEETING - PAGE 5 OF 7 227 COUNCIL ACTION - DISCUSSION - VOTE The Council noted the item was discussed at great length during the first reading and all support the rezoning. There being no further questions, Mayor Kirk called for the vote. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:12 P.M. O'CONNOR - YEA MOTION CARRIED. Council Member Watford moved to award, Bid No. PW- 04- 00- 03 -14, to Tree Locators, Inc.,( of Okeechobee), base bid amount of $72,987.60, for the Highway 441 Streetscape Plan; seconded by Council Member Williams. Culpepper & Terpening, Inc., the City's Consulting Civil Engineers, recommended Tree Locators, Inc., as they provided the lowest bid, and their references have been verified. A bid opening was held on April 9, 2014, at 2:00 p.m. Three bids were received. The other two were from Hayslip Landscape, of Fort Pierce, $138,507.96, and Close Construction, LLC, of Okeechobee, $186,942.00. This is the next step in conjunction with the Highway Beautification Grant, acquired by Okeechobee Main Street in late 2012, for $100,000.00. The City committed to matching funds or in -kind services up to $17,000.00. The Council approved the landscape plans on December 3, 2013, in which specific types of landscape were chosen that are very drought tolerant. Administrator Whitehall added that reductions were made to the project's initial plans. Since the bid came in lower than anticipated, applicable change orders will be brought back for Council approval. Staff anticipates this project being completed in June, as The Notice to Proceed, (dated September 25, 2013) reads, "this project must be completed prior to June 20, 2014, or otherwise notified." An extension for the paperwork only was granted for 30 days. Council Member O'Connor asked whether the current lawn maintenance contract with Quality Lawn Care, would remain at the same price with the additional landscaping? Administrator Whitehall explained, their contract was just renewed for services beginning April 1, 2014 through March 31, 2015, but he anticipates them exercising the "notice to terminate" of the contract, at which time the services will be re -bid. 228 AGENDA IX. NEW BUSINESS CONTINUED. A. Motion to award a bid, in the amount of $72,987.60, to Tree Locators, Inc., for the Highway 441 Streetscape Improvement Project continued. ITEM ADDED TO AGENDA: B. Reconsider the Florida Department of Transportation State Road 70 /Highway 441 Improvements Patterned Crosswalks Project, from April 1, 2014, action - City Administrator (Exhibit 3). APRILI5, 2014 - REGULAR MEETING - PAGE 6 OF 7 COUNCIL ACTION - DISCUSSION - VOTE Council Member Maxwell was concerned, after reviewing the bid tabulation, of the areas left blank for specific items on the Tree Locators bid, and whether they anticipated including them in the project. Administrator Whitehall explained, this is not uncommon, and they are aware that each line item has to be performed, as it was discussed at the pre -bid meeting, held on March 26, 2014. There will be a pre- construction meeting before the Notice to Proceed is signed in order to review all details of the project. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA MOTION CARRIED. City Council had previously addressed, at the April 1, 2014 meeting, the request from the Florida Department of Transportation (FDOT), to escrow an additional $38,096.54 for Patterned Crosswalks, due to the bid award increasing from $72,112.00 to $110,208.54. The Council gave direction to Administrator Whitehall to notify FDOT that the funds within escrow were all that are available for the project, and the City had high expectations that FDOT and the contractor could negotiate within that cost to complete the project. Administrator Whitehall received a counter -offer from FDOT, that the increased post -bid cost of $38,096.54 would not be required until the next Fiscal Year 2014/2015. FDOT has also advised that the scope of the project could be decreased to only the main intersection. Council Member Maxwell brought to Council's attention, during the 2013/2014 Fiscal Year budget discussions, the Council agreed to dedicate $50,000.00 each yearforhard -scape improvements (sidewalks, crosswalks, curbs, gutters, lighting, benches, median landscaping, or irrigation). The $38,096.54 could be "earmarked" from the $50,000.00 for the 2014/2015 Fiscal Year. Additionally, FDOT advised Administrator Whitehall, they have made another change in policy, and will absorb the $24,800.00 cost to paint the Traffic Mast Arms in conjunction with the State Road 70 Improvements. The Council will have to enter into a maintenance agreement, at a later date. Council Member Maxwell added that the improved aesthetics could be a benefit to aid with the financial recovery of the City. The Council was encouraged by the news of the policy change regarding FDOT's fiscal responsibility for painting the mast arms. This information, together with Council Member Maxwell's reminder of the budget discussion, makes the issue somewhat more tolerable. However, the discussion then turned to the City being required to have friction tests conducted within the crosswalks every two years, and potential maintenance expense, based on the results of the test. The contractor will be required to cover the cost of a friction test after one year from installation, as well as any required maintenance. Thereafter, the City's responsibility begins. 1 1 AGENDA IX. NEW BUSINESS CONTINUED. ITEM ADDED TO AGENDA: B. Reconsider the Florida Department of Transportation State Road 70 /Highway 441 Improvements Patterned Crosswalks Project continued. ITEM ADDED TO AGENDA: C. A News Article relating to the Treasure Coast Regional League of Cities and Treasure Coast Council of Local Government - Council Member Watford (Exhibit 4). X. ADJOURN MEETING - Mayor. Please take notice and be advised that when a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, he /she may need to insure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. City Clerk media are for the sole purpose of backup for official records of the Clerk. ATTEST:: Lane Gamiotea, C C, City Clerk r1/ //! %' Dowling R. Watford Jr., Mayor Pro -T spore APRIL 15, 2014 - REGULAR MEETING - PAGE 7 OF 7 229 COUNCIL ACTION - DISCUSSION - VOTE At this time, the fee to conduct a friction test is not known, nor whether other cities have ever had these types of maintenance related expenses. Administrator Whitehall was instructed to research the answers to these questions, and bring this matter for further consideration at the next meeting. A news article, published April 1, 2014, from the TC Palm newspaper, written by Russ Lemmon, scrutinized the need for both the Treasure Coast Regional League of Cities (TCRLC) and the Treasure Coast Council of Local Government (TCCLG). It went on to note the TCRLC recently hired former Port St. Lucie Mayor, Patricia Christensen as a Part -Time Executive Director. This is a controversial subject for some, as she resigned in 2010 over allegations of campaign finance irregularities. The TCCLG has no such position. The majority interviewed, found both organizations to be great and of value, even though basically, they exist for the same purpose, to promote communication and foster cooperation among their members. However, the TCRLC focuses mostly on municipal issues. The membership is comprised of a representative from each municipality within Indian River, St. Lucie, Martin, and Okeechobee counties. The TCCLG has a broader focus and its membership encompasses the same municipalities, and adds a representative from each County Commission and School Board District. The only negative statement was from the City of Sebastian's Councilwoman, Andrea Coy. Council Member Watford is the City's liaison for both organizations. He wanted to bring this article to everyone's attention, should the subject arise. He wanted to reiterate, both serve distinct purposes, are beneficial to the City, and worthwhile to support. No official action was required on this item. There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 6:51 p.m. The next regular scheduled meeting is May 6, 2014. ktt 4_4044 /, CITY OF OKEECHOBEE APRIL 15, 2014, REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 I. CALL TO ORDER - MAYOR: Mayor Kirk called the April 15, 2014, City Council Regular Meeting, to order at 6:0 II. OPENING CEREMONIES: Invocation given by Reverend Gwen Livatt, of New St. Stephens, American Methodist Episcopal Church; the Pledge of Allegiance was led by Mayor Kirk. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk. Mayor James E. Kirk Present/ Council Member Devin Maxwell Present✓ Council Member Mike O'Connor Present,/ Council Member Dowling R. Watford, Jr. Present,/ Council Member Clayton Williams Present, City Administrator Brian Whitehall Present,/ City Attorney John R. Cook Present ' liL 6;6S {-)1t,-It, „-ek e k i.v( rc- City Clerk Lane Gamiotea Present/ Deputy Clerk Melisa Jahner Present,” Police Chief Denny Davis Absent L-/-, �c« •. Fire Chief Herb Smith Absent, Lt. Conroy in attendance ✓ Public Works Director David Allen Present ✓ IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of April 2014 as "Child Abuse Prevention Month." Mayor Kirk read the Child Abuse Prevention Month Proclamation and the presented it to Mr. Al Jacks, of �CisrGP) `%V. i(k) yn1 - 'prod //hi eve�� : l't!C / J ( %, /� C'/vrz� Its "WHEREAS, for more than thre6 decades, CASTLE has upheld their legacy of protecting the lives of abused i k_ children and families; and WHEREAS, CASTLE works diligently with Devereux and the Florida Department of mie Children and Families to ensure that every child suffering from abuse has a brighter future and hope for a safe life; and WHEREAS, children who have suffered abuse or neglect are at least 25 percent more likely to experience problems such as delinquency, teen pregnancy, low academic achievement, drug use, and mental health problems; and WHEREAS, CASTLE, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. 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 "Child Abuse Pr vention Month" and 1 commit this observance to the people of our commmnity." V. MINUTES - City Clerk. A--t('5' 5i — jr, L e) (/ YC ` f (e Y r k` y has us -� es ( � uSS-y � yi , %lP(�xs) �t<,t1 � 1 i� � ee� � i�c% , A. Motion to dispense with the reading and approve the Summary of Council Actiop for the April 1, 2014 Regular Meeting. Council Member moved; seconded by Council Member -tiL) discussion: - ewc VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA O'CONNOR - YEA (-MOTION CARRIED. ,e VI. WARRANT REGISTER - City Administrator. A. Motion to approve the March 2014 Warrant Register: Council Member moved; seconded by Council Member CI,i,tJ General Fund $364,110.56 Public Facilities Improvement Fund $ 46,279.67 Capital Improvement Projects Fund $ 4,227.20 Community Development Block - Economic Grant Fund $ 13,540.00 Appropriations Grant Fund $ 2,812.50 Law Enforcement Special Fund $ 309.00 NS discussion: VOTE KIRK - YEA MAXWELL - YEA O'CONNOR- -YEA_ WATFORD - YEA WILLIAMS - YEA (,,... MOTION CARRIED. \ ., Page 1 of 3 VII. AGENDA - Mayor. A. Mayor Kirk asked whether there were ny requests for the addition, deferral or wi drawal of items on today's agenda. (FAA , , �,x ' S L j t (7c �� Ida j ,, LC h ( 4v -cr VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor AT 6 : /f) P.M.. A.. 1. a) Motion to read by title only 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 Commrcia� Planning Board recommends approval - City Planning Consultant ( xhibit 1). Council Member /6 -,0-4 moved; seconded by Council Member 0- R.) b) Vote on motion to read by title only. VOTE KIRK - YEA MAXWELL - YEA O'CQ�t�IQR - �EEA WATFORD • YEA WILLIAMS - YEA C�J'I`IIM OTION CARRIED. �:a. c) City Attorney to read proposed Ordinance No. 1110 by title only. "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." 2. a) Motion to a pt proposed Ordinance No. 1110. Council Member (, moved; seconded by Council Member Ad 1 b) Public comments and discussion. y2e,� �.z�c 1�/�e_c;, � a (- -k//, " Goo a i C�-�'iiiet 1I. rzWrk„iii r�{J1< ` Lrre /ti — a1a art l/t Su �crt ((�le01: — �' Rezoning Petition No. 14- 001 -R, submitted by Attorney Sneider of the Law Office of Glenn J. Sneider, L.C., located at 200 in Southwest 9th Street, Okeechobee, on behalf of the property owner, Mr. Carrol Word, of 1080 Southeast 23' Street, Okeechobee, 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 10th Avenue. CSW 13, LLC purchased the �{}t property in December of last year. It was occupied as a Mobile Home Park for many years. According to the petition, the Ph /4 owner envisions to develop the property for commercial uses such as a mix of retail and a restaurant. This petition is for the q i1 cs same property previously considered during the Public Hearing, Comprehensive Plan Amendment Application No. 14 -001- j1id.iL-4 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 Page 2 of 3 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 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). The proposed use has not been inordinately burdened by unnecessary restrictions. *announce: 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. This notation not necessary until the final public hearing minutes. c) Vote on motion. VOTE KIRK - YEA WATFORD - YEA MAXWELL - YEA WILLIAMS - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT P.M. IX. NEW BUSINESS. O'CONNOR -YEA. (-MOTION CARRIED. A. Motion to award a bid in the amount of $72,987.60 to Tree Locators, Inc. f r th Hwy 441 Streetscape Improvement Project - City Administrator (Exhibit 2). Council Member A)1) moved to award Bid No. PW -04- 00-03-14 to the low bidder, Tree Locators, Inc., of Okeechobee, base bid amount of $72,987.60, for the Highway 441 Streetscape Plan (OKMS /FDOT Median Improvement Grant); seconded by Council Member &CU . Motion as recommended by the City's Consultant Civil Engineers, Culpepper & Terpening, Inc. and references checked. Bid Opening held April 9, 2014 at 2:00 p.m. Hayslip Landscape of Fort Pierce $138,507.96 Close Construction LLC of Okeechobee $186,942.00 / w ` l�?tu �t f u - �[ i� it rte'( /t ereC' c Li C+C i C ' c a y -g.z. k„,,,C�n J_IU,L �-1 �(:�.1 k.(7) ilk' Lhcit -c/ {.4%`+/ f L'�.Zl(t C.,. .::.',� ,;7 1a)/761.' � `.,U� v �t� ..� �U ���t, a VOTE KIRK - YEA MAXWELL - YEA WATFORD - YEA WILLIAMS - YEA MOTION CARRIED. ITEM ADDED TO AGENDA: B. Crosswalks - City Administrator. AfLk R -I X. ADJOURN MEETING - Mayor Kirk at 1 p.m. Page 3 of 3 u— V-Aj2 tl C .tCL -L V14 4 j' 6iC�2 t { - t. %. -7/ ( /2)4( -. c '0)(_,4V A6- 6 cx,./LAcct (Junta' V4-1; t, 1.� ct l0, vz - 1J -7 A, c((,.2_,Ltd. di:, 'Lel_ 4 (64; -11,3f/ 4.57/ (441- --99_1,atc Vi(c 3 6 ) o I Ac( it_ - - Z4, t4 (Ac y 431,(1 - of d(_c,6l y( / kl t,J.a — » 4 -it a '64-A_ -j C-)Lty 6?-pp_14-t-b.,Q.. tiLtei • „i app,-Leh / ix e 317- drzit.0 ,y)LL 7/c >1_4 TY1 ,6;t- - Ack, A-tfit- I-6 6"-(o--)L,,t--,,C gyL. t Accis_f6i/x:( — ,j0/1/e2 -4zA.4e zi - ze-Af — c•-k. /72-x-6 (4- Viic a £2 e-)LC 4- r e e (A e-y(i /-aii •x-(6/ /41(1)( e{ je:ki jr4 (1 — a ,6,/ Ll(ta(e_fLi.&i ety?, ..f:ace/c. -L (t L /2_62--y,A4 lzke, 1Lu z6/,(7 Aid/h 161 att. ,4,ivec (-4 frn 7-2 fl- - 461 A-aAe tL ci Id K7LZ ZeiLt 4.-74 7,tivil cui) r)tc/t/- 7nc( of.z cu-e t-c)L lu/n1 t)')L a-17a-• AiLi ,7)Loeci,1 a_82.11(- )(J 6-71 Pa- pActiy, , it, r 4 6, Jaz A;(-- ?-11+91-2-77e/rK-0--- (1 ALLa ( 'Li 0-6 "41 IL( 1431- c 7e vaidt-4-11 kiL-t41?(t )1,1L. r € d appe4k. t/& /Lc P> Li 1,(-.1-c.(../( L./) fr) aici/a( Te e }L. /DEL (5-e C t.\ & ) 07 6.04 ercp_ C ( ityco)k__ (Z16 A L4? j2&LCQ 0,111,L 2, L2 z ( a C re, -tL4 L1 'Airet( 1LLLLt ,t4 H /L _ ';b4{,-2 7 ti OT INDEPENDENT OKEECHOBEE NEWS 107NEWSPAPERS OKEECHOBEE NEWS 107 S.W. S, 17th Street, Suite D, Okeechobee, FL 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 (t -1' - .._.__. advertisement being a in the matter of • r ,t in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of LI 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 advertisementfof publication in the said newspaper. Tom Byrd Sworn to and subscribed before me this day of Notary Public, State of Florida at Large ANGIE BRIDGES i L1v MY COMMISSION # EE 177653 • = EXPIRES: April 20, 2016 y ' 4;':••• Bonded Thru Notary Public Urwierwriters I AD (863) 763 -3134 PUBLIC NOTICE: CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City Coundl for the City of Okeecho- bee, will meet in Regular Session on Tuesday, April 15 2014, 6:00 p.m., or as soon thereafter as possible, at City Hall, 55 S� 3rd Ave, Rio 200, Okeechobee, Florida. The public Is Invited and encouraged to attend. Contact City Administration at 863 - 763 -3372, or website 1�nYWirokwwnniww ,r,,, to obtain a copy of the agenda. ANY PERSON DECIDING TO APPEAL any decision made by the Oty 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 br opposition to any item on the agenda; a copy of the document, picture, video, or item MUST be provided to th e City Clerk for the City's records. By: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk 464856 ON 4/11/2014 CITY OF OKEECHOBEE APRIL 15, 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 15, 2014, City Council Regular Meeting, 6:00 p.m. Invocation given by Rev. Gwen Livatt, New St. Stephens, AME; 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 Alien IV. PROCLAMATIONS AND PRESENTATIONS - Mayor. A. Proclaim the month of April 2014 as "Child Abuse Prevention Month." April 15, 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 April 1, 2014 Regular Meeting. VI. WARRANT REGISTER. A. Motion to approve the March 2014 Warrant Register - City Administrator. General Fund Public Facilities Improvement Fund Capital Improvement Projects Fund Community Development Block — Economic Grant Fund Appropriations Grant Fund Law Enforcement Special Fund $364,110.56 $ 46,279.67 $ 4,227.20 $ 13,540.00 $ 2,812.50 $ 309.00 VII. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. A.1.a) Motion to read by title only and adopt proposed Ordinance No. 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 - 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. 1110 by title only. 1 April 15, 2014 PACE 3 of 3 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED. B.2.a) Motion to adopt proposed Ordinance No. 1110. b) Public comments and discussion. c) Vote on motion. CLOSE PUBLIC HEARING. IX. NEW BUSINESS. A. Motion to award a bid in the amount of $72,987.60 to Tree Locators, Inc. for the Hwy 441 Streetscape Improvement Project - City Administrator (Exhibit 2). X. 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. Office of the Mayor Florida, WHEREAS, for more than three decades, CASTLE has upheld their legacy ofprotecting the lives of abused children and families; and WHEREAS, CASTLE works diligently with Devereux and the Florida Department of Children and Families to ensure that every child suffering from abuse has a brighter future and hope for a safe life; and WHEREAS, children who have suffered abuse or neglect are at least 25 percent more likely to experience problems such as delinquency, teen pregnancy, low academic achievement, drug use, and mental health problems; and WHEREAS, CASTLE, along with its community partners, embraces opportunities that can potentially change the way society cares for children and youth. 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 "Child Abuse Prevention Month" and I commit this observance to the people of our community. In witness wh eofI have hereunto set my hand and c used this seal to be / affixed. James E. Kirk, Mayor Attest: ; alit& _ %' ,0tC i' .f '-2 La e Gamiotea,ThMC, City Clerk Date: April 15, 2014 Exhibit 1 April 15, 2014 ORDINANCE NO. 1110 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. 10T" 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. 10T" AVENUE (FORMERLY HANCOCK STREET); THENCE RUN NORTH ALONG SAID WEST RIGHT -OF -WAY FOR A Ordinance No. 1110 - Page 1 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 10th 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 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 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 9`" 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 Staff's 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 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 proposed use has not been inordinately burdened by unnecessary restrictions. Board Member Burroughs made a motion, seconded by Board Member Ritter, based on Planning Staffs 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 10th 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 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, (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 of Okeechobee General Services Department 55 S.E. 3'd Avenue, Room 101 Okeechobee, Florida 34974 Phone: (863) 763 -3372 Ext. 218 Fax (863) 763 -1686 Date: 1- 31_ig Fee Paid: (•31# /tj 1st Hearing 3 90,.84 Publication Dates: Notices Mailed: Petition No. /r ..O31- R Jurisdiction: iv 2' Hearing t-¢,1 r 1f-1- Ft tit) Lt t -,c( 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@gmail.com gmail.com and frank@sneiderlaw.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 f Mfr._ +- fu Date 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 n.ot 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 MMR123726 Will Cap No.: FILE 1i1111 Hi1NU11M1119i 10141110002 4 Or E1K. 742. *PG 152 SH4l!!i ROBERTSON, CLERK OF CIRCUIT COURT OKEECHOBEE COUNTY, FLORIDA RECORDED 01/09/2014 01 :13 :29 Ph ANT $273,910.00 RECORDING FEES $27.00 DEED DOC $1x953.00 RECORDED 81' 11 Pi non Pss 152 - 154; (3 ass) Consideration: $278,910.00 Case No.11- 60033- CR- COOKE(s) [Space Above This Line lbr Recording Dotal 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 3'4 Court, Okeechobee, Florida 34974, grantee: (Whenever used herein the terms grantor 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, 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 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 DoubteThne~ 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 No. 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 recon 1. 3. Taxes and assessments subsequent to December 31, 2014. Together with all the-tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to Hold, the same in fee simple forever. And the grantor hereby covenants 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: 0 Aop . _............A...„. ess Name: 07.17 rte,4elf Special Warranty Deed - Page 2 CORPORATE SEAL Case No.11- 60033- CR- COOKE(s) Asset Forfeiture Unit DoublWTane' Book741 /Page153 CFN #2014000234 Page 2 of 3 State of of �ll,�nsi- 56a24.. )S8 Before me, the undersigned authority , this 01.0 day of Ate, , 2013, personally appeared, at. A M . J t 7 e i , as the Moir frottobsr. on behalf of United States of America, he/she acknowledged to me that he/she executed the foregoing strument for the purposes and consideration therein expressed. Fie/She is personally known to me Seal: Special Weaponry peed - Page 3 No Public State of My Commission Expires: DoubieTtme" Book741 /Page154 CFN #2014000234 Page 3 of 3 JD J-C, J tiveuue Okeechobee, FL 34974 Tele: 863 -763 -3372 Fax: 863- 763- 160' LAND USE POWER OF ATTORNEY Name of Property Owner(s): (5' 13, 1.. L c... Mailing Address: C/ 0 t' °cc-A( d' G if r 5-, Sae :1e- 2,.,0 Sv cl 9a-ret t" 0 t4 «s.-Ve ,R 31 9M Home Telephone: C$ 0 yo--G 70 Work: Cell: Property Address: 10 ® 5 1© kJ t.,, (Ae ecl,,o-(, al C=� '3y q-) 9 Parcel ID Number: 2_ 2.2, - 3 -) - 55 .- 0 1\ o o - 0 0 0 1 1 _.. O o Q 0 Name of Applicant: G i<t e 7_.( ,�, Sne..., #t! `0Worlc: Cell: Home Telephone: C3011 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 36, AlAarivt 2014, THE UNDERSIGNED GL6 '30 HAVE SET THEIR HAND AND SEALS THIS r, G s ig WITNESS OWN OWNER Before me the undersigned acknowledged before me that power of attorney for the purpose �, Notary Public: (j "- '- authority they �� WITNESS personally appeared the owner(s) named above who upon being duly sworn are the owner(s) of the real property described above and that they executed the stated therein. Sworn and subscribed this3oT" day of '�antiet 20t. 4� r ZN, FRANKLIN D.111CKOX, Ji. D * . = j * MY COMMISSION # FF 007536 i l EXPIRES: April 14,2017 _ SEAL ''v,.0F BoodsdNu Budget Notary Services �i Commission Expires: y 1 Lf 12 o , (Rev 01/12) Page 5of11 GIS / MAPPING DEPARTMENT OKEECHOBEE COUNTY PROPERTY APPRAISER'S OFFICE W.C. "BILL" SHERMAN, PROPERTY APPRAISER SR7OE 3 2 1 5 4 7 6 9 10 6 11 12 13 2- 22- 37- 35 -0A00- 00013 -A000 ROYALS 0 K LUNCH INC 324 SW 16TH ST BELLE GLADE FL334302824 8 \ \ 5 \ 3 4 \I \.z 2 \ 13 1 in fc0 Legend SUBJECT PROPERTY WITHIN 100 10 11 SE 3RD CT 12 7 8 A 9 \ 16 15 13 ' 14 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 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 8 9 10 SE 10T1-1 AVE / 7 8 9 1 2-22-37-35-0A00-00009-0000 UNITED STATES POSTAL SERVICE 4000 DEKALB TECNOLOGY PARKWAY BUILDING 500 SUITE 550ATLANTA GA30340 11 14 15 16 17 18 19 9 8 7 6 5 4 3 2 31 30 29 28 27 26 25 24 23 22 21 20 19 18 Y 2 3 4 5 6 7 8 9 10 11 12 • \ 23 2: 2 2 1S 1E 1, 13 1z ANGELA JONES- FOWLER, GISP 1 inch = 183 feet 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 -OA00 -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, 113 012 01 4, 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. -'— 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 / -- 0 —) p /y , 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 v day of Signature of Applicant CeLr0 (.arc! Name of Applicant (printed or typed) State of Florida County of Okeechobee 1 - 2 Jy- Date Sworn to and sub cribed before me this 20 day of la n o , 620fif . Personally known to me or produced as identification and did not take an oath. Notary Public, State of Florida (Rev 01/12) Seal: y = DEBRA C, CONROY 11, 'as ;ki Commission # FF :OM a Expires August 1; 2017 %f R ,thv Banda Ttyu Tray Fa UinBUancp eao40.7019 Page 3of11 L'� 1 BOUNDARY & TOPOGRAPHIC SURVEY PRRPARI D OESCR /P770N: (OFFICIAL RECORDS BOOK 68.E PAGE 1131) A PARCEL OF LAND LYING IN AND COMPR ISING A PART OF GOVERNMENT LOT 2 IN SEC77ON 2Z TOMNSH /P 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PAR77CULARLY DESCRIBED AS FOLLOWS- BEGINNING AT THE INTERSECTION OF THE WEST RIGHT - OF-WAY LINE OF SE 1077/ AVENUE (FORMERLY HANCOCC STREET) Wf771 7HE SOUTH RIGHT- OF-WAY LINE OF STA7E ROAD 70; THENCE RUN WEST ALONG SAID SOUTH RIGHT-OF-WAY LINE CV STA7E ROAD 70, FOR A DISTANCE OF 365 FEET, MOIRE OR Liss, 70 A POINT ON 7HE WEST BOUNDARY UNE OF GOVERNMENT LOT 2 IN SEC77CN/ 22, TERNS/ /P 37 SOUTH, RANGE 35 EAST, THENCE RUN SOUTH ALONG SAID WEST UNE OF GOVERNMENT LOT 2, FOR A DISTANCE OF 315 Ftt / 70 THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN O.R. BOOK 209, PAGE 451, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN EAST, ALONG 7HE SOUTH BOUNDARY UNE OF SAID PARCEL OF LAN DESCRIBED IN O.R. BOOM( 209, PAGE 451, FOR A DISTANCE OF 365 FELT, MORE OR LESS 70 7HE WEST RIGHT- OF-WAY UNE OF SE 1077/ AVENUE (FORMERLY HANCOCK STREET); 7HENCE RUN NORTH ALONG SAID WEST RIGHT-OF-WAY UNE FOR A D /STANCE OF 315 FEET, MORE OR LESS 70 771E PO/NT OF BEGINNING BEING THE SAME PROPERTY DESCR /BED IN 7HOSE CERTA /N INS7RUd/ENTS RECORDED IN O.R. BOOK 209, PAGE 451; 0 "R. BOOK 224, PAGE 733 AND O.R. BOOK 239, PAGE 1391, ALL BEING IN 77/E PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LESS AND EXCEPT THAT PROPERTY SUBI.ECT TO 771E ORDER OF TAKING IN FAVOR OF FLORIDA POWER AND UGHT COMPANY RECORDED IN OFF1CAL RECORDS BOOK 391, PAGE 1874, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. PROJECT SPECIf7C NOTES: 1) UNLESS SHOWN 07HERWMSE, ALL DIMENSIONS ARE DEED(D) AND MEASURED(M). 2) SITE ADDRESS 100 SE 10711 AVENUE. 3) PARCEL /D: 2- 22- 37- 35- OAOO- 00011 -0000. 4) F.LR.AL ZONE ZONE UNDETERMINED, PARCEL LIES WHIN 7HE OKEECHOBEE CITY LIMITS 5) 771/5 SURVEY IS NOT INTENDED 70 DEP /CT JURISDICTIONAL AREAS OR OTHER AREAS OF LOCAL CONCERN. 6) THE DESCR/P770N SHOWN HEREON/ WAS PROVIDED BY THE CLIENT OR THE CLIENTS REPRESENTATIVE 7) BEARING REFERENCE: 7HE WEST BOUNDARY UNE OF 711E EAST 1/2 OF SEC77ON 22 -37 -35 IS TAKEN 70 BEAR SOUTH 0079'21' EAST 8) 7HE ELEVA77ONS S//OWN HEREON ARE BASED ON THE NATIONAL GEODE77C VE77CAL DATUM OF 1929 (NONE 29). 9) SURVEYOR WAS NOT PROVIDED Wf771 ANY 7777E INFORMATION FOR MIS PARCEL .SURVEYOR ASSUMES NO RESPONSIBILITY OR UAB /U7Y FOR 774E ACCURACY OF EASEMENT DIMENSIONS SHOWN HEREON, IF ANY. 7HE7RE MAY BE OTHER EASEMENTS OR RESTRIC77ONS THAT tFFtCT 77//S PARCEL. 10) 771E SURVEY DEPIC7ED HERE IS NOT COVERED BY PROFESSIONAL UABIUTY INSURANCE ADDI71ONS OR DELE77ONS 70 SURVEY MAPS OR REPORTS BY 0771ER THAN 771E SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WfRITTEN CONSENT OF 771E SIGNING PARTY OR PARTIES 11) DA7E OF LAST FIELD SURVEY. 01/17/14. PROJECT SPEC/F7C LEGEND: CPP = CONCRETE POWER POLE F.C: = FENCE CORNER RP = FOUND IRON PIPE F7R = FOUND 5/8' IRON ROD f1RC = FOUND 5/8' IRON ROD A. CAP FNTT = FOUND NAIL & 77N MB O.R.B. = OFF7CAL RECORDS BOOK 772 = 7ELEPHONE PEDESTAL $PP = WOOD POWER POLE WV = WATER VALVE FOR CSW13, LLC SCALE IN FEET SAP SOLE 1 INCH - b FEET INTENDED DISPLAY Sour AS PER F.13.0.1. RAW MAP SECTION: 91070 -7514, , SNEES 1 THROUGH 6 STATE ROAD NO. 70 GRASS MEDIAN OHV aNV NORM 1/1 SECTION 090 ' 4 SECTION 22- 37 -35, MD 'ION' END WOOD PRIVACY FENCE rEND CHAINLINK FENCE ENO PRIVACY FENCE CURB ee GUTTER • CURB A GUTTER BENCHMARK F.O.O.T. CONCRETE MONUMENT AND BRASS DISK STAMPED ' BM 203 EL 22.39' (0.11 29) M1j CONCRETE SIDEWALK ANNOLE (POSSULf DRAIN11AGE206 ) P.O.a. TRAFFIC SICNAI. BOY�- NO 0.000 PRIVACY FENCE 0.1' 5. WEST 365'4(D 9 695211= w 37 (C) CPP 0000 ENO 000 PRIVACY FENCE END CHAINUNK FENCE AC Y F' S E 3 wPr p[11n5�•' 905211 1 W 361.42(M) CHAINUNK FENCE O NV 0 2- 22- 37- 35 -0A420- 00013 -A000 ROYALS 0 N LUNCH, INC (UNPLAT1ED, SHOPPING PLAZA) PREPARED FOR THE EXCLUSIVE USE OR CSW1.4 LLC END 0000 PRIVACY FENCE U 0-- END CH FENCE F.L. 0.9• E F.C. 0.2' E. 2 ANCHOR (71 RICH Of 'NAY UNE FOR S.R. N0. 10 AS PER 0.0.0.T. R/w MAP 0 2514, os I DIR000N 6 WEST BOUNDARY LINE 0' COVF.RNMENT LOT 2 WEST LINE OF THE EAST 1/2 OF SECTION 22 -o -.15 0PP S.W. CORNER OF O.R.B. 209, PC. 151 no (NO I.O.) .70.6' S. 02 w. wPP LIFT STATION OHAINUNK FENCE 'STREET CROSSING" SIGN FIRC '208 C. 0.6' 0, 0.3' AANINAR N 44 054'27' W 1 7.061(81) END CNAINLINK FENCE CATCH BAS 2-22-37-3 5- 0A00-000 1 1 -0000 TOTAL PARCEL CONTAINS ±2.70 ACRES (EXISTING TRAILER PARK, INTERIOR IMPROVEMENTS WERE NOT LOCATED AS PART OF THIS SURVEY) j SOUTH BOUNDARY UNE O.R.B. OF 209, PG. 51 WOOD PRIV CY F EAST 3651 ±(0) N 99054138' E 373.631(81) 2- 22- 37- 35 -0A00 -00012 -0000 SAYS, JANET (UNPLAT1ED, TRAILER PAW) *PP el∎ —.6 ENO .0D PRIVACY FENCE DAV F.C. 0.7 E. m 0 zz OHV WPP BACNROW PREVENTER END 0000 PRIVACY FENCE END CHAINL 00 FENCE 0.2' E. END WOOD PRIVACY FENCE END GHANAIAN FENCE 1311v� 0.1 N. CHAT ,, FENC 000 '2084' 1E1 nP I/O ' (.0 1.0.) 0.5' N. ONV 2- 22- 27- 35 -0A00- 00009 -00O0 UNITFD STATES POSTAL SEANCE (UNPLATTED, POST CPFICE.) 1 BOUNDARY & TOPO SURVEY 01/20/14 298/87 WC KAB DESCRIPTION DWG. DATE I FB /PG BY CK SCALE 11 = 40' DRAWING NUMBER: 28007 SHEET 1 OF 1 (LEGEND 0--Set Iron Rod and Cap "KAB LS 4820" IC-Found CM 6-Found Iron Rod (and Cop) O -Found Pipe (and Cop) ABBREVIATIONS @, =Baseline; BM =Benchmark; rL =Centerline: C =Calculated: CAN =Cable N: CM= Concrete Monument: CONC- Concrete: 0 =Deed; 0 =Dell° or Cenlrol Angle; E =East: ELY =Easterly, E/P =Edge of Pavement: ESMT =Easement; F.I.R.M. =Flood Insurance Role Map: FND =Found; IP =Iron Pipe; IR&(C) =Iron Rod (and ID Lop)-, 1 =(MC) Length: M =Measured; M1- Manhole: N =N0111: N'1Y =Northerly, NGV(D)= National Geodetic Vertical (Datum) of 1929; NTS =Not to Scale; OHW= Overhead Wres: @ =Properly Line: P -Plal; PC =Point of Curvature: PCC =Point of Compound Curvature; PCP= Permanent Control Point POB =Pont of Beginning: POC =Point 01 Commencement. PRC =Point of Reverse Curvature: PRO =Permanent Reference Monument; PT =Pohl of Tangency, PU&D =Public Utlliliy and Drainage: R =Radius; R/W =Right -of -Way. 5 =south; S'LY =Southerly, T =Tangent: TEL =Telephone Splice or Switch Box; W =west; WAY= Westerly UDL= Utauy(ies): _$%f' =spat Elevation based on Indicated Datum. /STANDARD NOTES �. 1. No search of the public 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 Itr(blity 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 was made to locate underground Improvements and /or encroachments Of any) as part of this survey. 7. This survey was prepared In accordance with minimum technical standards established by the Florida Board of Surveyors 1.nd Mappers (Chapter 61G17 -6, F.A.C.) pursuant to Section 472.027, Florida Statutes. TRADEWINDS SURVEYORS 200 S.W. 3rd Avenue Okeechobee, FL 34974 Tel: (863) 763 -2887 Fax: (863) 783 -4342 Email: kab.twpsOyahoo.com Kenneth A. Breaux, Jr.(PSM 4820) 1 Staff Report Rezoning Request Prepared for: The City of Okeechobee Applicant: Carrol Word Petition No.: 14-001-R Nanning Management Services, Inc. 1 V7ti )3ckson Strvet Nuiic 200 %1■4:r., Horid3 '''tli-airLA%0 2W 33 $-3366 Serving Florida Local Governments Since .1988 Staff Report Rezoning Request Ap'ant's Name: Carro/ Word Petition No. 14 -001 -R General; Informatiart,. . 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 Proposed Commercial CHV Mixed Commercial uses 2.565 Acres Legal! Degcriptiorr'of Subject Property Parcel Identification Number: 2- 22- 37- 35 -0A00- 00011 -0000 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 Florid:I Local .1jov =r•itmenr■; tiini e 19SS Staff Report Rezoning Request i.viecant'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 Request, 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. Adjacent F"u ure1 an Use Ma'• =; faissif catiorim anfc o�tir g;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: Seeing Florida L:,c:i1 Government, Sine 19Sti 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 Apant's Name: Carrot Word Petition No. 14 -001 -R Analysis'<` Section 70 -340 of the Land Development Regulations requires that the reviewing body find that an application for rezoning meets each of the following conditions. The 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. St,ving Yloi I Iui Sint e 1985 Staff Report Rezoning Request A weicant's Name: Carrot Word 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: Staff's 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. ticr•:ing I lotida Loia1 t;overaniencs Since 19;;ti Staff Report Rezoning Request Appint's Name: Carrot 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. Serving Floritl:i l.0091 i;overnmint, sin+. 19:ss Staff Report Apicant's Name: Carrot 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. Retcimi eddatii 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 StI in;; ernro ,fl(,. NinLe 1,485 Staff Report Rezoning Request AF :ant's Name: Carrot Word Petition No. 14 -001 -R Y4 FUTURE LAND USE SUBJECT SITE AND ENVIRONS 1 COMP.REt€ !VE L LAND USE 3iNGt r - ?A,: !LY mum = t.ilLr 1:01dryiSRCIAL ;MOLLS r 2tAL ?tJL+LuC FACILITIES' RC3510E stTIAL M XE0 UST= Setting florid;+ l.ncal f..nverttments Since; 19 8h Subject Property Staff Report Rezoning Request NNW AN,,s4ant's Name: Carrot Word Petition No. 14-001-R ZONING SUBJECT SITE AND ENVIRONS w z 4- 1 1 "ZONING • CBD - COMM BUSINESS ois-riRlc7 MB CHV - HEAVY COMMERCIAL CLT LIGHT COMMERCIAL CPO - COMM PROFESSIONAL OFFICE H - HOLDING - INDUSTRIAL PIJE -PUBLIC FACILITIES PLID-MIXED ptJDR ;IMF R ID EN-nAL mULTIFAF.OLY MH - RESIDENTIAL MOBILE HOME RSF1 RESIDENTIAL SINGLE FtMc';ILY RS F2 - REStDENTIAL SINGLE FAMiLY (21 -\ Sorving Hot Ma 1ocaI Go‘'mrtiments 11 Subject Property 8 Staff Report Rezoning Request Af....ant's Name: Carrol Word Petition No. 14-001-R SUBJECT SITE AND ENVIRONS Post Office Shopping. Center Mobile Home i. . • Park Serving Florida I.il r;:overnwents Sirve igNS 9 1 Staff Report Rezoning Request Apportcant's Name: Carrot Word Petition No. 14-001-R 0:KEECHOBEE UTILITY hU" HORITY 100 SW 5th Avenue Okeechobee, Honda 34974-4221 January 30, 2014 .RE'..: Address: 100 SE 10th Avenue Parcel 11); 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 (PIM), 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 son/icing the entire pai-cel. Please let me know should you have questions or require additional information. Sincerely, (2-) /pi ----' 4 Lyn Lowe Office Manager, 011A Seri ing Hof ida I mai t ;Inert:111.2[1(s e POW; 10 'INDEPENDENT NEWSPAPERS OKEECHOBEE NEWS 11175. NEWSPAPERS OKEECHOBEE NEWS 107 S.W. 17th Street, Suite D, Okeechobee, FL 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 matter of in the 19th Judicial District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant fur- ther says that she has neither paid nor promised any person, firm or corporation any discount, rebate, com- mission or refund for the purpose of securing this advertisement for publication in the said newspaper. Toni Byrd Sworn to and subscribed before me this day of J Notary Public, State of Florida at Large AD 441e. ANGIE BRIDGES * MY COMMISSION # EE 177653 : J EXPIRES: April 20, 2016 g; . ` Notary Public Underwriters (863) 763 -3134 PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE PLEASE TAKE NOTICE that the City Council of the City of Okeechobee, Florida will on Tuesday, April 15, 2014 at 6:00 p.m. or as soon thereafter possible, at Oty Hall, 55 SE 3rd gAve, Okepeticohoobee, FL, conduucct a PUBLIC Into law No. 1 10: 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. The Ordinance is regarding Rezoning Petition No. 14-001-R, submitted by Glenn Sneider, on behalf of property owner, Carrot Word, Registered Agent for CSW 13 LLC, to change the Zoning District, from Residential Mobile Home (RMH) to Heavy Commerdal (01V), for property located at 100 SE 10th Avenue, consisting of approw tely .65 acres. The proposed dwnge is to allow for wmmerdall 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. 10T11 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 DIS- TANCE OF 365 FEET MORE OR LESS TO A POINT ON THE WEST BOUNDARY LINE OF GOVERNMENT LOT 2 IN SECTION 22, TOWN- SHIP 37 SOUTH RANGE 35 EAST; THENCE RUN SOUTH ALONG SAID WEST LINE OF GOVERNMENT EAST; 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 l� DISTANCE OF 315 FEET MORE OR LESS, TO THE POINT OF BEGIN- NING. BEING. THE SAYE PROPERTY DESCRIBED IN THOSE CER- TAIN INSTRUMENTS RECORDED IN OFFIICI4AL RECORDS BOOK PAGE OFFICIAL BOOK 9 PAGE 1391., 1391 ALL BEING IN THE PUB- LIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. LESS AND EXCEPT THAT PROPERTY SUB3ECT 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 Hearing. The proposed ordinance may be inspected in Its entirety by mem- bers of the public at the Office of the Oty Clerk during normal business hours, Mon-Fri, 8:00 Ar4 -4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any dedsion 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 indudes 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 to 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 (Sty Clerk for the City's records. by: Lane Gaammi CMC, Oty Clerk 464772 ON 4/4/2014 Vol. 105 No. 47 Officials investigate e OFC boys room fire ... Page 12 IRS warns pub a t scam. ... Page 4 C OBEE E S Friday, April 18, 2014 500 Plus • it rezones S.E. 10th Ave. property without any concerns raised. A traffic study to look at impacts on Southeast 10th Avenue would likely be required during the site plan and review process. There was no public comment about the project at the two public hearings held on April 1 and April 15. Councilman Dowling Watford said this will be a definite improvement to the area. He said See CITY — Page 5 City Council rejects proposed improvements in intersection median as `unaffordable' By Charles M. Murphy Okeechobee News Okeechobee City Council finalized a rezon- ing needed for a prime commercial location and discussed the controversial median proj- ect at the main intersection when they met in regular session on Tuesday night at City Hall. The council approved a rezone applica- tion for 2.565 acres located on Southeast 10th Avenue and East North Park Street fjust west . of the Post Office). The property was rezoned from residential mobile home to heavy com- mercial. It will create a commercial project that could include a mix of retail and perhaps a restaurant. The city planner report and the planning board both recommended approval ... Page 12 Two accused of stealin g light pole By Eric Kopp Okeechobee News coln Town Car. When April 10, 2014 VIA: FEDEX Mr. Brian Whitehall City Manager City of Okeechobee 55 SE 3rd Avenue Okeechobee, Florida 34974 RE: Okeechobee Highway 441 Streetscape Plan Bid Tabulation & Recommendation C &T Project No. 13 -175 Dear Mr. Whitehall: Exhibit 2 April 15, 2014 Sender's I?mal]: smatthes @ct- eng.com File: Correspondence Project No. 13 -175 Culpepper & Terpening, Inc. has completed our review of the three bids received for the Okeechobee Highway 441 Streetscape Improvement project. Our review confirms that Tree Locators, Inc. has provided the low bid for the project. The total low bid is in the amount of $72,987.60 based upon the unit prices provided. It should be noted that the Hayslip Landscape bid sheet did have minor mathematical rounding error in totaling the unit prices which results in a decrease of $.33 from the actual Bid Total. However these errors did not result in a change in low bidder. Our bid tabulation sheet is provided as an attachment to this submittal providing for the correct total bid amount for the project. Additionally, we have review the items submitted by Tree Locators, Inc. as part of the bid and checked with the reference provided. We are happy to report that Tree Locators, Inc. has successfully completed project of this nature recently as verified through conversations with their references. Given the above, we would recommend that Tree Locators, Inc. be considered as the low bidder for the project. We trust that this review and recommendation is of assistance with the award of the project. As always, should you have any additional questions please do not hesitate to contact me at (772) 464 -3537 Ext 114. Sincerely, CULPEPPER & TERPENING, INC. HJA DESIGN STUDIO Stefan K. Matthes, P.E. Michael Houston, ASLA Senior Vice President President Encl.: as stated above 13 -175 US 441 Landscape Improvements Whitehall Bid Recommendation BID TABULATION OKEECHOBEE HIGHWAY 441 STREETSCAPE PLAN 4/10/2014 Tree Locators Inc. Hayslip Landscape Close Construction, LLC ITEM NO. DESCRIPTION UNIT MEASURE EST. QUAN. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 101 -1A MOBILIZATION / DEMOBILIZATION LS 1 $ - $ - $ 1,208.38 $ 1,208.38 $ 20,000.00 $ 20,000.00 101 -16 PRE - CONSTRUCTION VIDEO LS 1 $ - $ - $ 450.00 $ 450.00 $ 750.00 $ 750.00 102 -1 MAINTENANCE OF TRAFFIC LS 1 $ 3,500.00 $ 3,500.00 $ 6,800.00 $ 6,800.00 $ 2,000.00 $ 2,000.00 104 -2A PREVENTION, CONTROL & ABATEMENT OF EROSION AND WATER POLLUTION LS 1 $ $ $ $ $ 800.00 $ 800.00 104 -18 INLET PROTECTION SYSTEM EA 10 $ - $ - $ 132.23 $ 1,322.30 $ 40.00 $ 400.00 108 -1A CONSTRUCTION LAYOUT /RECORD DRAWINGS LS 1 $ - $ - $ 300.00 $ 300.00 $ 2,500.00 $ 2,500.00 110 -1 -1A CLEARING & GRUBBING (SELECT) LS 1 $ - $ - $ 7,161.86 $ 7,161.86 $ 1,200.00 $ 1,200.00 110 -4 MAINTENANCE OF EXISTING DRAINAGE LS 1 $ - $ - $ 2,416.75 $ 2,416.75 $ 500.00 $ 500.00 162 -1 -11 PREPARE SOIL LAYER LS 1 $ - $ - $ - $ - $ 7,500.00 $ 7,500.00 580 -1 -1A NERIUM OLEANDER /DWARF PINK EA 229 $ 8.00 $ 1,832.00 $ 11.70 $ 2,679.30 $ 10.00 $ 2,290.00 580 -1 -1B SERENOA REPENS /SILVER SAW PALMETTO EA 18 $ 60.00 $ 1,080.00 $ 44.41 $ 799.38 $ 70.00 $ 1,260.00 580 -1 -1C ASPARAGUS MEYERI /FOXTAIL FERN EA 119 $ 2.80 $ 333.20 $ 5.67 $ 674.73 $ 5.00 $ 595.00 580 -1 -1D BOUGAINVILLEA X/COMPACT BOUGAINVILLA EA 676 $ 10.00 $ 6,760.00 $ 12.06 $ 8,152.56 $ 12.00 $ 8,112.00 580 -1 -1E DIANELLA TASMONICA /VARIGATED FLAX LILY EA 774 $ 2.80 $ 2,167.20 $ 5.02 $ 3,885.48 $ 6.00 $ 4,644.00 580 -1 -1F HYMENOCOLLIS LATIFOLLA /SPIDER LILY EA 746 $ 2.80 $ 2,088.80 $ 5.02 $ 3,744.92 $ 6.00 $ 4,476.00 580 -1 -1G ILEX VOMITORTA /DWARF SHILLINGS HOLLY EA 1,646 $ 8.00 $ 13,168.00 $ 11.74 $ 19,324.04 $ 9.00 $ 14,814.00 580 -1 -1H JUNIPERUS CHINENSLS /PARSONI JUNIPER EA 262 $ 2.80 $ 733.60 $ 5.35 $ 1,401.70 $ 5.00 $ 1,310.00 580 -1 -11 JUNIPERUS CONFERTA /BLUE PACIFIC JUNIPER EA 1,221 $ 2.80 $ 3,418.80 $ 4.83 $ 5,897.43 $ 5.00 $ 6,105.00 580 -1 -1J MUHLENBERGIA CAPILLARIS /PINK MUHLY EA 237 $ 8.00 $ 1,896.00 $ 11.43 $ 2,708.91 $ 8.00 $ 1,896.00 580 -1 -1K ZAMIA PUMILA /COONTIE EA 280 $ 12.00 $ 3,360.00 $ 18.53 $ 5,188.40 $ 22.00 $ 6,160.00 580 -1 -2A CATHEDRAL LIVE OAK EA 6 $ 625.00 $ 3,750.00 $ 516.59 $ 3,099.54 $ 700.00 $ 4,200.00 580 -1 -2B CABBAGE PALMETTO EA (17/72) $ 100.00 $ 8,900.00 $ 210.70 $ 18,752.30 $ 250.00 $ 22,250.00 580 -1 -2C SIOUX CRAPE MYRTLE EA 18 $ 325.00 $ 5,850.00 $ 326.73 $ 5,881.14 $ 210.00 $ 3,780.00 580 -1 -2D CRAPE MYRTLE CORAL PINK EA 22 $ 325.00 $ 7,150.00 $ 243.24 $ 5,351.28 $ 300.00 $ 6,600.00 580 -1 -2E JAPANESE PRIVET EA 4 $ 625.00 $ 2,500.00 $ 364.39 $ 1,457.56 $ 700.00 $ 2,800.00 1000 90 DAY WARRANTY LS 1 $ 4,500.00 $ 4,500.00 $ 29,850.00 $ 29,850.00 $ 60,000.00 $ 60,000.00 ESTIMATED BASE BID AMOUNT (Based on Bid Unit Prices & Estimated Quantities, a summation of Pages 00300 -2 to 00300 -3) $ 72,987.60 AMOUNT $ 138,507.96 BID AMOUNT $ 186,942.00 City of Okeechobee Public Work Department Project #PW 04- 00 -03 -14 i City of Okeechobee`y' 55 SE 3rd Av Okeecholiee FL 34974 -2932 Office of the City Administrator Brian Whitehallb Ph 863- 763 -3372 Fax 763 -1686 email: bwhitehall (aicityofokeechobee.com April 15, 2014 * * * * * Memorandum * * * * * TO: Mayor & City Council City Clerk, City Atty FR: Administrator Whitehall RE: Agenda Addition / • Reconsider funding the crosswalk installation at the 441/70 intersection project with the FDOT concession that the increased post -bid costs not be required to be escrowed by the City until the City's next fiscal year (aft 10/1/14) Original escrow - $ 72,112.00 Bid - opened cost - $110,208.54 Increased cost now not subject to immediate escrow: $ 38, 096.54 Another issue that was briefly deliberated at the last meeting included the cost of reducing the project to just the intersection. According to Pub Wks Dir calcs - based on the quoted price of $160.42 per square yard, the main intersection would cost approximately $70,745. The walks are longer and are 10' wide at the main intersection vs. 6' wide on the other streets. Attachments: 1. Letter (4/7/14) to FDOT Dist 1 Secty Billy Hattaway (and Rep Pigman /Sen Grimsiey) 2. Apr 1 Council meeting agenda memo City of Okeechobee April 7, 2014 Billy Hattaway, Secretary District 1 Florida Department of Transportation 801 N Broadway Av Bartow, FL 33830 -3809 RE: FDOT 441/70 intersection project Crosswalk improvements — City financial burden Dear Secretary Hattaway, I know you have a busy schedule, but I appreciate you taking the time to listen to a concern the City of Okeechobee has with FDOT on the construction and funding of part of a project here in our community. As you are no doubt aware, FDOT is in the process of reconstructing the intersection of US 441 & SR 70 in Okeechobee. As part of that process, the City is most interested in retaining some downtown identity, via streetscape. In our early discussion with FDOT we attempted to incorporate various ideas into the project such as decorative street lights, painted mast arms and various landscaping plantings. We were advised that each of those 'enhancements' could be done but only at City expense. The City Council reviewed the costs and unfortunately found them unaffordable. . As public hearings and meetings progressed the City acquiesced to the project because a number of requested aesthetic elements were promised, not the least of which was the installation of patterned pavement crosswalks throughout the project area. On or about August 2013, just prior to submittal of the Intersection Phase IV (final) plans, there was a. "policy change" that would require the City to fund and escrow the patterned crosswalks estimated cost of $72,112. Now, FDOT has received bids for the intersection improvement and as a line -item part of the bid the City has been informed that FDOT missed the estimate by over 50% and the actual cost will be $110,208.54. Needless to say, the City Council, in spite of staunch community support in favor of the crosswalk installation, has again found one of the last threads of requested aesthetics unaffordable. 55 S.E. Third Avenue • Okeechobee, Florida 34974 -2903 • (863) 763 -3372 • Fax: (863) 763 -1686 Billy Hattaway, Secretary RE: FDOT 441/70 intersection project Crosswalk improvements — City financial burden In short, there are a couple of issues of concern. Page 2 of 2 • The City was led to believe this improvement would be furnished by the FDOT, and was surprised in midstream that FDOT's policy changed during this project. • Community approval of the project was obtained with the promise of the amenity, then later the cost burden shifted to the City, then the cost increased. • The City, a fellow governmental agency, is expected to escrow the increased costs immediately or the crosswalk project will be omitted. • Notwithstanding the particulars of this project, the FDOT's present policy on incorporating aesthetic improvements funded by the Local Agency is fundamentally flawed for these reasons: *The Local Agency has no control over how the project bidding is administered and therefore no control over cost controls and yet is expected to commit public dollars in an indefinite amount; *A line item in a multi - million dollar project gives the bidding General Contractor no incentive to be competitive as to that item; *The FDOT is not looking out for the financial Interests of the Local Agency as an Owner (not soliciting bids as a "sole source ", or lump -sum item); *The Local Agency is further subject to Change Orders that may increase costs, with no control over same; *This policy puts the Local Agency in a position that is completely contrary to the fiscal duties of a public owner expending public dollars. This letter is to humbly request to amend our Locally Funded Agreement with FDOT (11/21/13) to a Lump Sum contract, with any costs beyond that already escrowed (escrowed - $72,112) to be paid, or negotiated with the contractor, by FDOT. As for the City, it is a matter of saving our downtown identity within some semblance of affordability. We appreciate your interest in our community! Mo incerely, James E. Kirk, Mayor City of Okeechobee City of Okeechobee' ' 55 SE 3rd Av Okeechol7'L�e FL 34974 -2932 Office of the City Administrator Brian Whitehall Ph 863- 763 -3372 Fax 763 -1686 email: bwhitehall (,,cityofokeechobee.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) Robin Brock From: dowlingwatford @okeechobeeford.com Sent: Tuesday, April 15, 2014 1:05 PM To: Brian Whitehall; Robin Brock Cc: Lane Gamiotea Subject: TCRLC in T C Palm Attachments: T C Palm pg 1 jpg; T C Palm pg 2jpg; T C Palm pg 3 jpg This article ran last week in the T C Palm papers and is somewhat critical of the TCRLC. I think we all agree that both the TCCLG and TCRLC are beneficial to the City and worthwhile to support. Please share with the Council so they will be aware of this article. I do not think anything else will come of it. Thanks, Dowling 1 TCPAiM rLc-'k [) Ti i ;' r i_ ::,,4 "1'::; 1D 1:1ta CG :'IIF Road more ac tcpalm.com Russ Lemmon: Ex -Port St. Lucie mayor Christensen resurfaces as chief of regional League of Cities By Russ Lemmon Tuesday, April 1, 2014 Quick, what's the main difference between the Treasure Coast Council of Local Governments and the Treasure Coast Regional League of Cities? OK, I see a lot of blank stares out there. I'm thinking if you were placed in an interrogation room, and had a bright Tight shining in your eyes, you might crack and blurt out a variation of James Stockdale's famous line from the 1992 vice presidential debate. Who are they? Why are they here ?" In his role as city manager of Fellsmere, Jason Nunemaker is familiar with both organizations. So, I asked him about the main difference. He paused. "Different acronyms ?" he deadpanned. Actually, Nunemaker gave a thumbs -up to the TCCLG and the TCRLC. "Both are great organizations," he said. Joel Tyson, a member of the Fellsmere City Council and the city's biggest cheerleader, agrees. "Those are two of the best committees I've ever been on — and I've been on a lot of them," Tyson said. "They're good people. Everyone works together." Basically, they exist for the same purpose — to promote communication and foster cooperation among members. Isn't there a lot of overlapping? And, because of that, are both really needed? "From an outside perspective, I can see that," Nunemaker said. "But I do think they serve distinct purposes." http: / /www.tepalm.com /news /2014/apr/01 /cuss- lemmon- ex -psl- mayor- christensen- resurface... 4/2/2014 Sebastian, Vero BeaCriFellsmere, Indian River Shores are five of the 13 members in the Treasure Coast Regional League of Cities, which is an affiliate of the Florida League of Cities. The Treasure Coast Regional League of Cities took a big step a few months ago when it hired Patricia Christensen as its first executive director. (The Treasure Coast Council of Local Governments has no such position.) She is being paid $10,000 a year. From that amount, she must pay all of her expenses. It's a public comeback of sorts for Christensen, the former Port St. Lucie mayor who resigned in disgrace in 2010 over allegations of campaign finance irregularities. In 2011, she pleaded no contest to charges of official misconduct and improper disposition of surplus funds by a candidate. She was sentenced to five years' probation. Circuit Judge Gary Sweet agreed to withhold adjudication in the case. As a result, she avoided being a felon and retained her right to vote. "I paid a very high price for my mistakes," she said. Christensen pointed out she didn't resign because of something she did on the job as mayor. "It had to do with mistakes on financial reports — and I paid the price for that," she said. After leaving office, Christensen worked as a marketing manager for Waste Pro. Last year, she started her own consulting business. She says she will continue with the latter while serving as the TCRLC's executive director. Sebastian City Councilwoman Andrea Coy raised an eyebrow when the organization hired Christensen and brought it up for discussion at a council meeting several weeks ago. "Nobody else flinched," she said. Coy is not a fan of the Treasure Coast Regional League of Cities, which meets every other month for a luncheon. The group has what's called "associate" members — including Florida Power & Light Co., AT &T, Comcast, Waste Pro and Waste Management. "I can't think of one thing that's come out of the group that benefits the city of Sebastian," she said. Christensen described the Treasure Coast League of Cities as "basically a communications group." She hopes to make the luncheons a monthly event starting in 2015. http: //www.tcpalm.com /news /2014 /apr /01 /russ- lemmon- ex -psl- mayor- christensen- resurface... 4/2/2014 For issues such as flit/Indian River Lagoon, All Aboard Florida, fort St. Lucie's Crosstown Parkway and Vero Beach's sewer issues, Christensen said there's a strength -in- numbers aspect when dealing with lawmakers in Tallahassee. "The louder your voice, the more you're heard," she said. While Tyson believes the Treasure Coast Council of Local Governments has more influence (because it includes county commissioners and school board members), he says the regional league of cities serves a valuable purpose. "Who's going to listen to Fellsmere ?" he said. "With the regional league, we have a voice." Russ Lemmon is a columnist for Scripps Treasure Coast Newspapers. This column reflects his opinion. Contact him at 772 - 978 -2205 or russ.lemmon(a)scripps.com. 014 © 2014 Scripps Newspaper Group — online http://www.tcpalm.com/news/20 1 4/apr/0 1 /russ- lemmon- ea -psl- mayor- c hristensen- resurface... 4/2/2014 CAS Governmental Services, LLC Governmental — Legislative Services — Grants — Special Funding P.O. Box 35 • Canal Point, Florida 33438 -0035 Office 561.924.7702 • Fax 866.929.8006 April 9, 2014 City of Okeechobee Legislative Report CAS Governmental Services, Inc. (CASGS) began this legislative cycle in preparation for additional appropriation funding from the 2014 Session. The first step below outlines the steps to assist the City in implementing the process to begin the 2013 project in order to give the greatest possibility of eligibility for new phase funding. 1. 2013 Grant Appropriation • CASGS worked with City Staff and with FDEP in the development of the 2013 FDEP Stormwater Agreement. • CASGS responded to FDEP RFI's throughout the agreement process on behalf of the City. • The FDEP 2013 Appropriation Agreement No. S0672 executed on Nov. 26, 2013 and the City received the fully executed FDEP contract in early December 2013. • CASGS continued to coordinate with Staff regarding details of the project. • CASGS coordinated with City Staff regarding the FDEP Quarterly Progress Report and submitted the report to FDEP prior to the State's deadline. • CASGS will continue to monitor the project. 2. Committee Weeks and 2014 Legislative Session • CASGS was in attendance for each committee week, in Tallahassee that was scheduled in Sept., Nov., and Dec. of 2013 and also, the two Committee Weeks scheduled in Jan. and the three Committee Weeks that were scheduled in February 2014. • Coordinated with City Staff with regards to the City's 2014 Legislative issues in preparation for the Legislative Delegation Hearing, including information for the City's agenda item at the Legislative Delegation Hearing. • The City's Legislative issues were submitted to your Legislative Representatives in a timely manner for the Legislative Delegation Hearing. • CASGS was in attendance at the Delegation Hearing. • Submitted the City's 2014 stormwater project request as per the House and Senate requirements, prior to their deadlines. • Visit and meet with your Legislators, their Staff, and other appropriate legislators on the City's behalf, discussing the City's issues and stormwater project request. President Vice President Vice President M. Dale Milita Connie C. Vanassche Ken Grimes 561.718.2100 561.512.0089 863.559.3809 dmilitagovser @gmail.com ccvgovser @gmail.com kgrimesgovser@gmail.com • CASGS will be in attendance at the various - appropriate Committee meetings being conducted throughout the Legislative Session. • Communicate with Committee members with regards to the City's projects. • CASGS will continue to monitor legislation that is being proposed that would affect the City. This budget year, at this time, there is nearly $45OM in Water Project requests and only just over $100M in budget dollars for this budget line item. This is a very competitive process this year. The City's 2014 appropriation request is in the Senate Budget as a place- marker until the Joint House - Senate Conference Committee meets April 21 -25. The House of Representatives Water Project budget list will not be released until the Conference Committee is underway. As always, we feel cautiously optimistic with reference to the final project approval list. City of Okeechobee Legislative Report - April 9, 2014 Page 2