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2015-01-20342 '5 ..y l«1. ILFft @,,1u29 (,nllc1!?<i CITY OF OKEECHOBEE JANUARY 20, 2015 REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION AGENDA I. CALL TO ORDER - Mayor January 20, 2015, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES: Invocation given by Reverend Richard Barker, Westside Christian Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel A. Chandler Council Member Mike O'Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. 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. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. PAGE 1 OF 10 COUNCIL ACTION - DISCUSSION - VOTE Mayor Kirk called the January 20, 2015, Regular City Council Meeting to order at 6:00 P.M. The invocation was given by Reverend Richard Barker, of Westside Christian Church; the Pledge of Allegiance was led by Mayor Kirk. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Absent Present Present Present Present Present Mayor Kirk asked whether there were any requests for the addition, deferral or withdrawal of items on today's agenda. A presentation by Mr. Mark Sittig, of the Florida League of Cities was added to honor Mayor Kirk for his years of service as an elected official, in which he received a twenty -five year lapel pin and a framed Resolution which the title read as follows: "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF CITIES, INC., HONORING JAMES E. KIRK FOR TWENTYFIVEYEARS OF ELECTED SERVICE, AND PRESENTING HIM WITH THE JOHN LAND YEARS OF SERVICE AWARD IN RECOGNITION OF HIS UNSELFISH COMMITMENT TO MUNICIPAL LEADERSHIP AND GOVERNANCE." 1 AGENDA V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the for the December 16, 2014 Regular Meeting and the January 6, 2015 Regular Meeting. VI. WARRANT REGISTER - City Administrator A. Motion to approve the December 2014 Warrant Register. General Fund $423,175.72 Public Facilities Improvement Fund $ 15,305.88 Capital Improvement Projects Fund $ 2,287.00 Appropriations Grant Fund $ 1,125.00 VII. CENTENNIAL UPDATE A. Monthly update from the Centennial Celebration Ad Hoc Committee Chair - J.D. Mixon. JANUARY 20, 2015 - REGULAR MEETING - PAGE 2 OF 10 343 COUNCIL ACTION - DISCUSSION - V Council Members O'Connor and Watford moved to dispense with the reading and approve the Summary of Council Action for the December 16, 2014, and January 6, 2015 Regular Meetings. There was no discussion. VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. Council Members Watford and Ritter moved to approve the December 2014 Warrant Register in the amounts: General Fund, four hundred twenty -three thousand, one hundred seventy -five dollars and seventy -two cents ($423,175.72); Public Facilities Improvement Fund, fifteen thousand, three hundred five dollars and eighty -eight cents ($15,305.88); Capital Improvement Projects Fund, two thousand, two hundred eighty -seven dollars ($2,287.00); and Appropriations Grant Fund, one thousand, one hundred twenty -five dollars ($1,125.00). There was no discussion. VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. Centennial Celebration Ad Hoc Committee (CCAHC) Chairperson, Mr. J.D. Mixon, presented the monthly update to the Council as outlined in the Exhibit distributed prior to the meeting: The Kick -Off on January 9th was a success with a special thanks to East Coast Printing and 1 Stop Party Shop; the Scavenger Hunt Contest began January 19th with 42 registered teams, will run through June 4th, the winning team will be announced at the Birthday Bash with each team member receiving $100.00; the Tervis Tumblers are now available for $15.00 each, with 22 tumblers being sold as of meeting time; the January 24th historical bus tour has sold out, the next tour is April 11th, with 6 tickets left at City Hall, $15.00 each. A private tour was purchased by Silver Palms for their residents. The Centennial Flag made its debut at the Top of the Lake Day of the Cowboy, and is available for other organizations to use. The front walkway Capital Improvement Project to commemorate the Centennial has been delayed due to having to re -award the brick paver sales to a different company, the website should launch soon, there has not been any progress on the Centennial Park. The CCAHC has requested City Staff obtain quotes for photographers and /or videographers to document all the Centennial events. Sponsorships are going well, and have sold to date 12 Pioneer and 6 Settlers. Listed are the organizations that have partnered with the Centennial for cross advertising and support: Kiwanis International is hosting their Centennial with a Celebration in Flagler Park 4 on January 21; the Battle of Okeechobee Re- enactment, will be held February 28 to March 1; the March of Dimes Walk, will be held March 28. 344 VII. CENTENNIAL UPDATE CONTINUED A. Monthly update from the Centennial Celebration Ad Hoc Committee continued. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk A. 1.a) Motion to read by title only, and adopt proposed Ordinance No. 1117, Comprehensive Plan Small Scale Future Land Use Map Amendment, Application No. 14 -002 SSA, submitted by Rick and Bonita Lightsey to reclassify approximately 2.553 acres from Single Family Residential to Commercial, (Planning Board recommends approval) - Planning Consultant (Exhibit 1). b) City Attorney to read proposed Ordinance No. 1117 by title only. c) Vote on motion to read by title only. JANUARY 20, 2015 - REGULAR MEETING - PAGE 3 OF 10 COUNCIL ACTION - DISCUSSION - VOTE The General Federation of Woman's Club (GFWC), will host a Centennial Movie in the Park, the second Saturday of each month, in Flagler Park 4; the Okeechobee Retired Educators Association is selling commemorative Centennial Christmas Ornaments for $15.00 each, featuring the City Seal; the Tantie - Quilters will be selling raffle tickets for a Centennial Quilt. Centennial Events are: the Mayors Centennial Gala, is to be held April 18, at Silver Palms, with tickets being only available through the purchase of a sponsorship, to date, half the tickers are sold; the Centennial Birthday Bash, will be held June 13; the Centennial Heritage Festival, will be held October 10; the Okeechobee Community Theater will perform a Special Okeechobee play in coordination with the Heritage Festival; the Tree Lighting Celebration and Centennial Time Capsule Ceremony, is to be held December 1; the Centennial Frolic Street Dance and Barbeque is to be held December 11. No official action was necessary. The Council thanked the CCAHC for their endeavors on the Celebration. MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:20 P.M. Council Members O'Connor and Watford moved to read by title only, and adopt proposed Ordinance No. 1117, Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment, Application No. 14 -002 SSA, submitted by Rick and Bonita Lightsey to reclassify approximately 2.553 acres from Single Family Residential (SF) to Commercial (C). Council Member Watford read proposed Ordinance No. 1117, by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. 1 1 1 AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A. 2. a) Motion to adopt proposed Ordinance No. 1117. b) Discussion and comments. JANUARY 20, 2015 - REGULAR MEETING - PAGE 4 OF 10 345 COUNCIL ACTION - DISCUSSION - VOTE Council Members O'Connor and Ritter moved to adopt proposed Ordinance No. 1117. FLUM Amendment Application No. 14- 002 -SSA is a request to change the Future Land Use (FLU) classification on Lots 1 to 6 of Block 116, Lots 1 to 3 and 10 to 12 of Block 117, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, and an unplatted 0.490 acre parcel, all located in the 600 and 700 blocks between Northeast 3rd and 4`h Streets. There is a related Rezoning Petition, No. 14 -002 -R for this property. Mr. Bill Brisson, City Planner of LaRue Planning and Management Services, 1375 Jackson Street, Suite 206, Fort Myers, Florida, reviewed his recommendation of denial based on the following Staff Report's findings: The application was found to be inconsistent with the City's Comprehensive Plan, specifically within the FLU Element Policy 2.2 relating to protecting the use and value of private property, and Objective 12 which is to encourage compatibility with adjacent uses and limit uses inconsistent with the character and land uses of surrounding areas, and to discourage urban sprawl. Addressing adequacy of Public Facilities, Planning Staff noted in regards to Potable Water and Wastewater, the applicant should provide a letter from the Okeechobee Utility Authority (OUA) confirming the adequacy of treatment capacity and distribution lines to serve potential intensity of development on the property and describing any improvements that would be necessary. Issues relating to Roadways, were that based on traffic analyses for other commercial developments, it is safe to say the level of traffic likely to be generated by the proposed development would be insignificant to impacting Park Street (State Road 70) and Parrott Avenue (U.S. Highway 441). However, a potential significant impact to Northeast 4`h Street and 6th Avenue was explained in detail. There should not be an issue in impacts to Solid Waste adequacy. The proposed development will be required to meet all City and South Florida Water Management District standards for Drainage. The property contains no environmentally sensitive areas, valuable habitat, or other physical attributes that would limit the development as a result of Environmental Impacts or concerns since the property has been in urban usage for many years. Under the section for `Other Considerations,' Mr. Brisson focused on an underlying issue regarding the amount of commercial classified land the City already has, approximately 358 acres, or almost 18 percent. Typically, a community only has up to 10 percent. Although, the City is the only municipality and centrally located within the County, the percentage is expected to be somewhat higher. However, there is considerable vacant commercial land in the community to accommodate commercial needs. 346 AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A. 2. b) Discussion and comments for proposed Ordinance No. 1117 continued. JANUARY 20, 2015 - REGULAR MEETING - PAGE 5 OF 10 COUNCIL ACTION - DISCUSSION - VOTE The following information was provided at the October 16, 2014, Planning Board Public Hearing: the subject property has been used in the capacity of a taxidermy and other associated businesses for 60 to 70 years. Due to the adoption of the Land Development Regulations (LDR's), the property became nonconforming. The owners intend to bring the properties into compliance based on existing use. They are prohibited from being issued building permits that increase the existing structures in any manner. The related rezoning petition elaborates more on the subject. In an effort to address the adequacy of potable water and wastewater, an email from OUA Executive Director Hayford was read to state, "while there is sufficient capacity at the water and wastewater plants, infrastructure (water /wastewater lines) will need to be extended to the property in question." Further it was explained that the residential homes are buffered by heavy vegetation and wooded areas from the existing commercial operations. As explained in the application, the Lightsey family has owned and operated several types of businesses within this residential area for many years, predating the 1979 Zoning Regulations adoptions, and were grand- fathered in. However, with the new LDR restrictions, which by State Law did not allow grand- fathering, the operations became non- conforming. The subject properties existing and surrounding information is summarized as follows: Block 117 is comprised of 12 lots, and bound on the North by Northeast 4th Street (an improved paved roadway), on the South by Northeast 3rd Street (an improved paved roadway), on the East by Northeast 6th Avenue (an improved paved roadway), and to the East by Northeast 7th Avenue (an unimproved roadway). Lots 1 to 3, and 10 to 12, which are vacant, although there is a dilapidated storage shed on Lots 2 and 3. Lots 4 to 6 already have a Zoning of Commercial Professional Office (CPO), FLU classification of C, with an existing use of an office building. Lots and 7 to 9 has an Residential Single Family -One (RSF -1) Zoning, FLU of SF with an existing use of a home built in 1950. To the North, is Block 114 which is entirely vacant, with a Zoning of RSF -1 and FLU of SF. To the South is Block 146 which has four homes on the North -half, two built in 1959, the other two built in 1960, the Zoning is RSF -1, with FLU as SF. To the East is Block 116, the South -half has a Zoning of Light Commercial (CLT), FLU of C and there is an existing office building. This property is also the sight of the former Lightsey Fish House Market. To the West is Block 118 with a Zoning of RSF -1 and FLU of SF. The South -half has two homes, one built in 1959, the other in 1960, the North -half is vacant and was a former location of Watford Trucking, Inc., the property is owned by the Ft. Drum Corporation. Block 116 is comprised of 12 lots, bound North and South by the same streets as Block 117 noted above. The unimproved roadway of Northeast 7th Avenue is the drive used to access the Lightsey's facilities and should it be improved, would run between Blocks 116 and 117. There is not a roadway to the East of these lots, but an unplatted parcel created after the abandoning of Riverside Drive. AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A. 2. b) Discussion and comments for proposed Ordinance No. 1117 continued. JANUARY 20, 2015 - REGULAR MEETING - PAGE 6 OF 10 347 COUNCIL ACTION - DISCUSSION - VOTE Lot 1 is vacant, a residence built in 1951 is on Lots 2 and 3; and Lots 4 to 6 have several structures that include a 10,209- square foot warehouse built in 1964, a 988 - square foot cooler re -built in 2012, and a 930 - square foot building re- modeled in 1999, with two accessory use type structures both being 20 -feet by 12 -feet. This is the main area used for the Lightsey business. Lots 7 to 12 have a Zoning of CLT, FLU classification of C, with an existing use of an office building (formerly Lighstey's Fish Market). To the North, is Block 115 which has a residence on it built in 1979, with a Zoning of RSF -1 and FLU of SF. To the South is Block 147 of which the North -half is Zoned CLT, FLU as C, and is a large parking lot used to serve the Nunez's multi -acre commercial development. To the East, 0.490 acres, and West, Block 117, are properties included with this application. The final piece of the subject property is an unplatted 0.490 acre parcel with a Zoning of Holding, FLU of SF and is vacant. This parcel is one that was identified in the Evaluation and Appraisal Report to address the mapping conflicts. To the North is another vacant unplatted parcel with RSF -1 Zoning and FLU of SF. To the South is an unplatted vacant parcel with a Zoning of CLT, and FLU of C. To the East is Taylor Creek. To the West is Block 116 which is included with this application. The Planning Board voted 5 to 2 to recommend approving the application. Those not in favor were concerned with changing the entire area to commercial, and had suggested only including the property where the office and taxidermy operations take place, and excluding the unplatted parcel along Taylor Creek. Council Member Watford disclosed for the record, that since he is a neighbor of the applicant he has spoken with them on this matter, and also spoke with Mr. Ritter when he was a member of the Planning Board. Mr. Steve Dobbs, of SLD Engineering, 1062 Jakes Way, Okeechobee, FL 34974, spoke on behalf of the applicants. He commented that he was aware of the amount of traffic which already passes through Northeast 6'h Avenue, as his office use to be located there, and should the Florida Department of Transportation conduct a functional classification traffic study in that area, it would be classified as a collector road, and not residential. This has been a commercial piece of property, and the applicant wants to protect its perpetuity. The Council appreciated the Planner's input. However, due to the number of long standing businesses within the surrounding area and on the subject property, added with there being no objections from the residents, they were inclined to agree with the recommendation of the Planning Board. The map provided in the Planning Staff Report is only a snap shot of the area closest to the subject property. When the entire Northeast section is examined, it shows a completely different scenario with the Industrial, and Commercial businesses as well as the railroad. 348 AGENDA VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A. 2. c) Vote on motion for proposed Ordinance No. 1117. CLOSE PUBLIC HEARING - Mayor IX. NEW BUSINESS A. 1. a) Motion to read by title only, and set February 3, 2015, as a final public hearing date for proposed Ordinance No. 1118, Rezoning Petition No. 14- 002 -R, submitted by Rick and Bonita Lightsey, rezoning approximately 3.069 acres from Residential Single Family -One, Commercial Professional Office and Holding to Heavy Commercial, it was noted to correct this to Light Commercial (Planning Board recommends approval) - Planning Consultant (Exhibit 2). b) City Attorney to read proposed Ordinance No. 1118 by title only. c) Vote on motion to read by title only and set final public hearing date. 2. a) Motion to approve first reading of proposed Ordinance No. 1118. b) Discussion. JANUARY 20, 2015 - REGULAR MEETING - PAGE 7 OF 10 COUNCIL ACTION - DISCUSSION - VOTE VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:45 P.M. O'CONNOR - YEA MOTION CARRIED. Council Members O'Connor and Watford moved to read by title only, and set February 3, 2015, as a final public hearing date for proposed Ordinance No. 1118, Rezoning Petition No. 14- 002 -R, submitted by Rick and Bonita Lightsey, rezoning approximately 3.069 acres from RSF -1, CPO and H to CLT. (Council noted a change in the layout of the agenda and the vote will be taken prior to reading the title, which is the appropriate order.) VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. Council Member Watford read proposed Ordinance No. 1118, 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 SINGLE FAMILY -ONE, COMMERCIAL PROFESSIONAL OFFICE AND HOLDING TO LIGHT COMMERCIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." Council Members O'Connor and Chandler moved to approve the first reading of proposed Ordinance No. 1118. Rezoning Petition No. 14 -002 -R requests to rezone Lots 1 to 6 of Biock 116, Lots 1 to 6 and 10 to 12 of Biock 117, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, from RSF -1 to CLT, Lots 4 to 6 of Block 117, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, from CPO to CLT, and an unplatted 0.490 acre parcel from Holding to CLT, all located in the 600 and 700 blocks between Northeast 3rd and 4th Streets. This petition coincides with the Comprehensive Plan FLUM Amendment Application No. 14- 002 -SSA, previously approved during the Public Hearing. AGENDA IX. NEW BUSINESS CONTINUED A. 2. b) Discussion for proposed Ordinance No. 1118 continued. c) Vote on motion. B. Consider a Temporary Street Closing Application submitted by Okeechobee Main Street for the Annual Top of the Lake Festival, closing the 300 Block of Southwest Park Street between Southwest 3rd and 4th Avenues, and Southwest 5th Avenue between North and South Park Streets, from 5:00 - 5:00 P.M., February 6 - 8, 2015 - City Administrator (Exhibit 3). JANUARY 20, 2015 - REGULAR MEETING - PAGE 8 OF 10 349 COUNCIL ACTION - DISCUSSION - VOTE Mr. Brisson reviewed the Planning Staff Report materials, and noted the purpose of Rezoning No. 14 -002 -R is to allow for construction of a new building, expanding the current taxidermy shop. Currently the properties contain a remodeled single family home into a contractor's office, and other structures identified by the applicant as being associated with the existing taxidermy business that predates the City LDR's. Surrounding properties between Northeast 6th Avenue and Taylor Creek and from Northeast 2nd to 7`h Streets were designated SF on the FLUM and zoned RSF -1, Residential Multiple Family (RMF), or Holding. However, in 2006, several applications for FLUM amendments and Rezonings to CHV were approved. Planning Staff is recommending denial of this Petition. However, since the Board recommended approval of FLUM No. 14- 001 -SSA to C, Planning Staff is recommending to approve a Rezoning for Block 117 to CPO (Lots 1 -6, 10 -12), Block 116 to CLT (Lots 1 -6), the 0.49 acre parcel to CLT, and to follow up with a LDR Text Amendment to include Taxidermy within the Special Exception Uses for the CLT. At the Planning Board Public Hearing, the applicant amended the petition requesting to rezone to CLT, rather than to CHV as a compromise. Thirty -three letters were mailed to surrounding property owners. On October 1, a sign was posted on all three properties giving notice of the matter. No objections have been received by the City to date. The Board is required to review the specific conditions prior to making a recommendation. The Planning Staff's findings are based on the original request for CHV. The Planning Board did not fully agree, and recommended 5 to 2 to approve Petition No. 14 -002 -R to rezone the properties to CLT. The objections of those opposed were the rezoning of the property along Taylor Creek to commercial, as well as the continued encroachment in a residential area. The Council again appreciated the Planner's input, but were comfortable with the recommendation from the Planning Board to approve the rezoning. VOTE KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. Council Members Watford and Ritter moved to approve a Temporary Street Closing Application submitted by Okeechobee Main Street (OKMS) for the Annual Top of the Lake Art and Chalk Festival, closing the 300 Block of West South Park Street between Southwest 3`d and 4th Avenues, and Southwest 4th and 5th Avenues between North and South Park Streets, from 5:00 P.M., February 6, to 5:00 P.M. February 8, 2015. 350 JANUARY 20, 2015 - REGULAR MEETING - PAGE 9 OF 10 AGENDA COUNCIL ACTION - DISCUSSION - VOTE IX. NEW BUSINESS B. C. CONTINUED Consider a Temporary Street Closing Application submitted by Okeechobee Main Street for the Annual Top of the Lake Festival continued. Motion to approve a proposal for Project Authorization No. 3 Contract for Agreement for Professional Engineering & Surveying Services with Culpepper & Terpening, Inc. for the design and construction administration for the repair to the collapsed drainage structure located at the intersection of Southwest 8th Street and Southwest 2' Avenue - City Administrator (Exhibit 4). The request to close a portion of West South Park Street is to incorporate a new addition to the art festival, an event called "Taste of Okeechobee." This will give local restaurants a chance to pair up with a Park Street retailer and promote their businesses while also having the opportunity to win the "Best Taste of Okeechobee" Award. A beer and wine garden tent will be located on the vacant private property (Lot 6 of Block 167, owned by Susan and Haynes Williams) next to 1 Stop Party Shop. OKMS Executive Director Ms. Sharie Turgeon, informed they are not anticipating closing Southwest 5`h Avenue, but do not want to change the application just in case it is needed. Police Chief Davis and Administrator Whitehall strongly recommended some form of fencing or barriers be considered to corral those participating in the beer and /or wine area. It was agreed to adhere to these recommendations as well as placing a waste receptacle at the exits of this area to dispose of the drinks before leaving. VOTE KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. Council Members O'Connor and Chandler moved to approve Project Authorization No. 3 to the Agreement for Professional Engineering Services with Culpepper and Terpening, Inc., Project Number 14 -029, for the design and construction administration for the repair to the collapsed drainage structure located at the intersection of Southwest 8'h Street and Southwest 2nd Avenue, not exceeding twelve thousand, fifty dollars ($12,050.00). Administrator Whitehall explained in expectation of this project, Director Allen applied for a Small County Outreach Program (SCOP) grant from the Florida Department of Transportation (FDOT), and was approved for fifty -seven thousand, seven hundred fifty dollars ($57,750.00). City Staff will be correlating with Culpepper and Terpening for cost saving interventions. VOTE KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. 1 1 1 AGENDA 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, CM City Clerk a es E. Kirk, Mayor JANUARY 20, 2015 - REGULAR MEETING - PAGE 10 OF 10 351 COUNCIL ACTION - DISCUSSION - VOTE There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 7:08 p.m. The next regular scheduled meeting is February 3, 2015. INDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863- 763 -3134 STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the 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,, vGz.�Lt -Ct,c� 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 i C14, /ac �s Affiant further says that the said Okeechobee News is a newspaper published at Okeechobee, in said Okeechobee County, Florida, and that said newspaper has heretofore been published continuously in said Okeechobee County, Florida each week and has been entered as second class mail matter at the post office in Okeechobee, in said Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and sucribed l?efore me this / (a day of fk 1"4"4""" "11'4/ Notary Public, State of Florida at Large • Katrina Elsken AD r � :Y `7 ANGIE BRIDGES MY COMMISSION # EE 1776.,G .1 • EXPIRES: April 20, 2016 11,f'pF fV. . Bonded Thnt Notary Public Underwriters PUBLIC NOTICE CITY COUNCIL MEETING NOTICE IS HEREBY GIVEN that the City Council for the Oty of Okeecho- bee will conduct a regular meeting on Tues., Jan 20, 2015, 6 PM, or as soon thereafter as possible, at City Hall, 55 SE 3rd Ave, Rm 200, Okeechobee, FL. The public is invited and encouraged to attend. The agenda may be ob- tained from cityofokeechobee.com or by calling the Office of the City Ad- ministrator, 863 - 763-3372 x 212. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863 - 763-3372. BE ADVISED that should you intend to show any document, picture, video or items to the Council In support or opposition to any item on the agenda; a copy of the document, picture, video, or item MUST be provided to the Oty Clerk for the City's records. ‘Mayor James E. Kirk Clerk Lane Gamiotea, CMC 46 230 ON 1/16/2015 CITY OF OKEECHOBEE JANUARY 20, 2015 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 REGULAR CITY COUNCIL MEETING OFFICIAL AGENDA L CALL TO ORDER - MAYOR: II. OPENING CEREMONIES: January 20, 2015, City Council Regular Meeting, 6:00 p.m. Invocation given by Rev. Richard Barker, Westside Christian Church; Pledge of Allegiance led by Mayor. III. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Council Member Noel Chandler Council Member Mike O'Connor Council Member Gary Ritter Council Member Dowling R. Watford, Jr. 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. AGENDA - Mayor A. Requests for the addition, deferral or withdrawal of items on today's agenda. January 20, 2015 PAGE 2 OF 3 V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the December 16, 2014 Regular Meeting and the January 6, 2015 Regular Meeting. VI. WARRANT REGISTER - City Administrator A. Motion to approve the December 2014 Warrant Register. General Fund Public Facilities Improvement Fund Capital Improvement Projects Fund Appropriations Grant Fund $423,175.72 $ 15,305.88 $ 2,287.00 $ 1,125.00 VII. CENTENNIAL UPDATE A. Monthly update from the Centennial Celebration Ad Hoc Committee Chair - J.D. Mixon. VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk A.1.a.) Motion to read by title only, and adopt proposed Ordinance No. 1117, Comprehensive Plan Small Scale Future Land Use Map Amendment, Application No. 14 -002 SSA, submitted by Rick and Bonita Lightsey to reclassify approximately 2.553 acres from Single Family Residential to Commercial, (Planning Board recommends approval) - Planning Consultant (Exhibit 1). b) City Attorney to read proposed Ordinance No. 1117 by title only. c) Vote on motion to read by title only. 2.a) Motion to adopt proposed Ordinance No. 1117. b) Discussion and Comments. c) Vote on motion. CLOSE PUBLIC HEARING January 20, 2015 PAGE 3 oF3 IX. NEW BUSINESS A.1.a) Motion to read by title only and set February 3, 2015 as a final public hearing date for proposed Ordinance No. 1118, Rezoning Petition No. 14- 002 -R, submitted by Rick and Bonita Lightsey, rezoning approximately 3.069 acres from Residential Single Family -One, Commercial Professional Office and Holding to Heavy Commercial (Planning Board recommends approval) - Planning Consultant (Exhibit 2). b) City Attorney to read proposed Ordinance No. 1118 by title only. c) Vote on motion to read by title only and set final public hearing date. 2.a) Motion to approve first reading of proposed Ordinance No. 1118. b) Discussion. c) Vote on motion. B. Consider a Temporary Street Closing Application submitted by Okeechobee Main Street for the Annual Top of the Lake Festival, closing the 300 block of SW Park Street between SW 3`d and 4m Avenues, and SW 5th Avenue between North and South Park Streets, from 5:00 p.m. - 5:00 p.m., February 6 - 8, 2015 - City Administrator (Exhibit 3). C. Motion to approve a proposal for Project Authorization No. 3 Contract for Agreement for Professional Engineering & Surveying Services with Culpepper & Terpening, Inc. for the design and construction administration for the repair to the collapsed drainage structure located at the intersection of SW 8`h Street and SW 2nd Avenue - City Administrator (Exhibit 4). 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. City of Okeechobee, 55 SE 3' Avenue * Council Chambers * Okeechobee, FL 34974 Regular City Council Meeting of January 20, 2015 I. CALL TO ORDER - MAYOR: Kirk, Jan 20, 2015, City Council Regular Meeting, 6:00 P.M. II. OPENING CEREMONIES: Invocation given by Reverend Richard Barker of the Westside Christian Church; Pledge of Allegiance led by Mayor Kirk. 111. MAYOR, COUNCIL MEMBERS, AND STAFF ATTENDANCE - City Clerk Mayor James E. Kirk Present ✓ Council Member Noel Chandler Present V Council Member Mike O'Connor Present ✓ Council Member Gary Ritter Present V Council Member Dowling R. Watford, Jr. Present V. City Administrator Brian Whitehall Present City Attorney John R. Cook Present City Clerk Lane Gamiotea Present ✓ Deputy Clerk Melisa Jahner Present./ Police Chief Denny Davis Present ✓ Fire Chief Herb Smith Present 17. Public Works Director David Allen Present/ IV. AGENDA - Mayor A. Requests for the dition, deferral or withdrawal of items on today's agenda. — FL G `, /, rndri,J �` V. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Action for the December 16, 2014, Regular Meeting and the January 6, 2015 Regular Meeting. Council Members and k moved to dispense with the reading and approve the Summary of Council Action for the regular meetings of December 16, 2014, and January 6, 2015. Discussion: VOTE - YEA RITTER - YEA CHANDLER- YEA WATFORD - YEA O'CONNOR -YEA MOTION CARRIED. I5 VI. WARRANT REGISTER - City Administrator A. Motion to approve the December 2014 Warrant Register: General Fund $423,175.72 Public Facilities Improvement Fund $ 15,305.88 Capital Improvement Projects Fund $ 2,287.00 Appropriations Grant Fund $ 1,125.00 Council Members. and i!� moved to approve the December 2014 Warrant Registers in the amounts: General Fund, four hundred twenty -three thousand, one hundred seventy -five dollars and seventy -two cents ($423,175.72); Public Facilities Improvement Fund, fifteen thousand, three hundred five dollars and eighty -eight cents ($15,305.88); Capital Improvement Projects Fund, two thousand, two hundred eighty -seven dollars ($2,287.00); Appropriations Grant Fund, one thousand, one hundred twenty -five dollars ($1,125.00). Discussion: .1 VOTE KIRK - YEA RITTER - YEA CHANDLER- YEA WATFORD - YEA O'CONNOR- A iVIOTION CARRIED. VII. CENTENNIAL UPDATE A. Mont y update from the Centennial Celebration Ad Hoc Committee Chair - J.D. Mixon. V-114' A 1)4,A aQ) d txtuG' w eC- p Jan 20, 2015 CC REG Page 1 of 6 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk AT iRd P.M. A.1. a.) Motion to read by title only, and adopt proposed Ordinance No. 1117, Comprehensive Plan Small Scale Future Land Use Map Amendment, Application No. 14 -002 SSA, submitted by Rick and Bonita Lightsey to reclassify approximately 2.553 acres from Single Family Residential to Commercial, (Planning Board recommends appvv l) - Pla in Consultant (Exhibit 1). Council Members / /A and moved to read by title only, and adopt proposed Ordinance No. 1117, Comprehensive Plan Small Scale Future Land Use Map Amendment, Application No. 14 -002 SSA, submitted by Rick and Bonita Lightsey to reclassify approximately 2.553 acres from Single Family Residential to Commercial. b) C_,it;ey o read proposed Ordinance No. 1117 by title only. Attorney Cook read proposed Ordinance No. 1117 by title only as follows: "AN ORDINANCE OF THE CITYOFOKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ONACERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." c) Vote on motion to read by title only. VOTE KIRK - YEA CHANDLER- YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRf6D .. 2. a) Motion to adopt proposed Ordinance No. 1117. Council Members : and 6 fa- /,) b) Discussion and Comments. Uy Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment Application No. 14- 002 -SSA was submitted by property owners, Rick and Bonita Lightsey, which requests to change the Future Land Use (FLU) classification from Single Family (SF) to Commercial for Lots 1 to 6 of Block 116, Lots 1 to 3 and 10 to 12 of Block 117, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, and an unplatted 0.490 acre parcel, all located in the 600 and 700 blocks between Northeast 3`d and 4th Streets, and totals approximately 2.553 acres. There is a related Rezoning Petition, No. 14 -002 -R for this property. Planning Staff Report denoted the recommendation for denial based on the following findings: The application was found to be inconsistent with the City's Comprehensive Plan, specifically within the FLU Element Policy 2.2 relating to protecting the use and value of private property, and Objective 12 which is to encourage compatibility with adjacent uses and limit uses inconsistent with the character and land uses of surrounding areas, and to discourage urban sprawl. Addressing adequacy of Public Facilities, Planning Staff noted in regards to Potable Water and Wastewater, the applicant should provide a letter from the Okeechobee Utility Authority (OUA) confirming the adequacy of treatment capacity and distribution lines to serve potential intensity of development on the property and describing any improvements that would be necessary. Issues relating to Roadways, were that based on traffic analyses for other commercial developments, it is safe to say the level of traffic likely to be generated by the proposed development would be insignificant to impacting Park Street (State Road 70) and Parrott Avenue (U.S. Highway 441). However, a potential significant impact to Northeast 4th Street and 6th Avenue was explained in detail. There should not be an issue in impacts to Solid Waste adequacy. The proposed development will be required to meet all City and South Florida Water Management District standards for Drainage. The property contains no environmentally sensitive areas, valuable habitat, or other physical attributes that would limit the development as a result of Environmental Impacts or concerns since the property has been in urban usage for many years. Under the section for 'Other Considerations,' Mr. Brisson focused on an underlying issue regarding the amount of commercial classified land the City already has, approximately 358 acres, or almost 18 percent. Typically, a community only has up to 10 percent. Although, the City is the only municipality and centrally located within the County, therefore the percentage is expected to be somewhat higher. However, there is considerable vacant commercial land in the community to accommodate commercial needs. The following information was provided at the October 16, 2014 Planning Board Public Hearing: the subject property has been used in the capacity of a taxidermy and other associated businesses for 60 to 70 years. Due to the adoption of the LDR's, the property became nonconforming. The owners intend to bring the properties into compliance based on existing use, Zoning and FLU, as they are prohibited from being issued building permits that increase the existing structures in any manner. The related rezoning petition elaborates on the subject. In an effort to address the adequacy of potable water and wastewater, an email from OUA Executive Director Hayford was read to state, "while there is sufficient capacity at the water and wastewater plants, infrastructure (water /wastewater lines) will need to be extended to the property in question." The residential homes are buffered by heavy vegetation and wooded areas from the existing commercial operations, excluding the existing CPO office in Block 117 and Light Commercial (CLT) office in Block 116, which are not part of this application. Jan 20, 2015 CC REG Page 2 of 6 As explained in the application, and reiterated at the meeting, the Lightsey family has owned and operated several types of businesses within this residential area for many years, predating the 1979 Zoning Regulations adoptions, and were grand - fathered in. However, with the new LDR restrictions, which by State Law did not allow grand- fathering, the operations became non - conforming. The subject properties existing and surrounding information is summarized as follows: Block 117 is comprised of 12 lots, and bound on the North by Northeast 4th Street (an improved paved roadway), on the South by Northeast 3"i Street (an improved paved roadway), on the Eest by Northeast 6th Avenue (an improved paved roadway), and to the East by Northeast 7th Avenue (an unimproved roadway). Lots 4 to 9 are not part of the application. Lots 4 to 6 already have a Zoning of CPO, FLU classification of Commercial, with an existing use of an office building. Lots and 7 to 9 has an RSF - 1 Zoning, FLU of SF with an existing use of a home build in 1950.The subject property within this block addresses Lots 1 to 3, and 10 to 12, which are vacant, although there is a dilapidated storage shed on Lots 2 and 3. To the North, is Block 114 which is entirely vacant, with a Zoning of Residential Single Family -One (RSF -1) and FLU of SF. To the South is Block 146 which has four homes on the north -half, two built in 1959, the other two built in 1960, the Zoning is RSF -1, with FLU as SF. To the East is Block 116, of which the north -half is included within the application, the south -half has a Zoning of CLT, FLU of Commercial and there is an existing office building. This property is also the sight of the former Lightsey Fish House Market. To the West is Block 118 with a Zoning of RSF -1 and FLU of SF. The south -half has two homes, one built in 1959, the other in 1960, the north -half is vacant and was a former location of Watford Trucking, Inc., the property is owned by the Ft. Drum Corporation. Blc ock 116 is comprised of 12 lots, bound North and South by the same streets as Block 117 noted above. The unimproved roadway of Northeast 7th Avenue is the drive used to access the Lightsey's facilities and should it be improved, would run between Blocks 116 and 117. There is not a roadway to the East of these lots, but an unplatted parcel created after the abandoning of Riverside Drive. Lots 7 to 12 are not part of the application, they have a Zoning of CLT, FLU classification of Commercial, with an existing use of an office building (formerly Lighstey's Fish Market). The subject property within this block addresses Lots 1 to 6, with 1 being vacant, a residence built in 1951 is on Lots 2 and 3; and Lots 4 to 6 have a several structures that include a 10,209- square foot warehouse built in 1964, a 988 - square foot cooler re -built in 2012, and a 930 - square foot building re- modeled in 1999, with two accessory use type structures both being 20 -feet by 12 -feet. This is the main area used for their business. To the North, is Block 115 which has a residence on it built in 1979, with a Zoning of RSF -1 and FLU of SF. To the South is Block 147 of which the north -half is Zoned CLT, FLU as Commercial, and is a large parking lot used to serve the Nunez's multi -acre commercial development. To the East, 0.490 acres, and West, Block 117, are properties included with this application. The final piece of the subject property is an unplatted 0.490 acre parcel with a Zoning of Holding, FLU of SF and is a vacant. This parcel is one that was identified in the Evaluation and Appraisal Report to address the mapping conflicts. To the North is another vacant unplatted parcel with RFF -1 Zoning and FLU of SF. To the South is an unplatted vacant parcel with a Zoning of CLT, and FLU of Commercial. To the East is Taylor Creek. To the West is Block 116 which is included with this application. The Planning Board voted 5 to 2 to recommend approving the application. AJ2-v,i-,Th,,, 0 „,,,„,,, , hf . a Li / l°i� ofj�v� - �`� �1/1"4 � P� U � n .{ e� C'� . (e� ii /)}• /Lf/ 5,6 ,--w w.t z � , , t'j i-e,a_z- Kfi--,-z, (6)b'' L1/) .?, (1, (e Lip Ac 61_, L tea° fd eLp f2iff G- - )0 Aaz9 ak/0 AkA.Vv a filt>ci, eAttc V Lk/Le; Lid /616 a44e 07 Y_I:t, 4-t - Q it.) zei& --) ,e.-(' c yri,ii% C' , , , Pe � 6 .� T Pf —�/ Yl oq �,L i iii e c `iAz 4- /� A , ,� t,t `C7( Az, 7 YU alt,,,,,)/- 'is-)6 dk, l A_,, L- 4 ai,,, . it ,,,i1„ )1, /--' e t1 eve PA(24-a— c) Vote on motion. VOTE KIRK - YEA RITTER - YEA CHANDLER- YEA WATFORD - YEA MAYOR KIRK CLOSED PUBLIC HEARING AT 7.0.M. OR - YEA MOTION CARRIE Jan 20, 2015 CC REG Page 3 of 6 IX. NEW BUSINESS A. 1. a) Motion to read by title only and set February 3, 2015 as a final public hearing date for proposed Ordinance No. 1118, Rezoning Petition No. 14- 002 -R, submitted by Rick and Bonita Lightsey, rezoning approximately 3.069 acres from Residential Single Family -One, Commercial Professional Office and Holding to Light Commercial (Planning Board recommends approval) - Planning Consultant (Exhibit 2). Council Members and �!i oved to read by title only and set February 3, 2015 as a final public hearing date for proposed Ordinance No. 1118, Rezoning Petition No. 14- 002 -R, submitted by Rick and Bonita Lightsey, rezoning approximately 3.069 acres from Residential Single Family -One, Commercial Professional Office and Holding to Light Commercial. b) City Attorney to read proposed Ordinance No. 1118 by title only. Attorney Cook read proposed Ordinance No. 1118 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 SINGLE FAMILY -ONE, COMMERCIAL PROFESSIONAL OFFICE AND HOLDING TO LIGHT COMMERCIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGL Y; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." c) Vote on motion to read by title only and set final public hearing date. VOTE 2. a) KIRK - YEA CHANDLER- YEA O'CQNNOR_ -YEA RITTER - YEA WATFORD - YEA (MOTION CARRIED-2) in4 Motion to approve first reading of proposed Ordinance No. 1118. Council Members //( and b) Discussion. '� l��)C. AC- IitiLe 1iL Rezoning Petition No. 14 -002 -R was submitted by property owners, Rick and Bonita Lightsey, which requests a rezoning for Lots 1 to 6 of Block 116, Lots 1 to 3 and 10 to 12 of Block 117, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, from RSF -1 to Heavy Commercial (CHV), Lots 4 to 6 of Block 117, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, from CPO to CHV, and an unplatted 0.490 acre parcel from Holding to CHV, all located in the 600 and 700 blocks between Northeast 3`d and 4th Streets, and totaling approximately 3.069 acres. There is a related FLUM Application, No. 14- 001 -SSA, that was recommended for approval. Planning Staff Report materials, and noted the purpose of Rezoning No. 14 -002 -R is to allow construction of a new building for expansion of the current taxidermy shop. Currently the properties contain a remodeled single family home into a contractor's office, and other structures identified by the applicant as being associated with the existing taxidermy business that predates the City LDR's. Surrounding properties between Northeast 6th Avenue and Taylor Creek and from Northeast 2°d to 7th Streets were designated SF on the FLUM and zoned RSF -1, Residential Multiple Family (RMF), or Holding. However, in 2006 several applications for FLUM amendments and Rezonings to CHV were approved. Planning Staff is recommending denial of this Petition. However, since the Board recommended approval of the FLUM No. 14- 001 -SSA to Commercial, Planning Staff is recommending to approve a Rezoning for Block 117 to CPO (Lots 1-6, 10-12), Block 116 to CLT (Lots 1 -6), the 0.49 acre parcel to CLT, and for the Board to follow up with a LDR Text Amendment to include Taxidermy within the Special Exception Uses for the CLT. At the Planning Board Public Hearing, the applicant amended the request of Petition No. 14 -002 -R to rezone the properties to CLT. Thirty -three letters were mailed to surrounding property owners. On October 1, a sign was posted on all three properties giving notice of the matter. There were no objections received prior to nor at the Plannin gBoard meeting. The Board is required to review the following conditions prior to making a recommendation. These findings are based on the original request for CHV and Planning Staffs recommendation of denial, to which the Board did not fully agree. The proposed rezoning is inconsistent with the Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the FLU Element. The proposed use being applied for is not specifically authorized under the Zoning district in the LDR's as the Code does not define nor list anywhere the use for taxidermy. The proposed use will have an adverse effect on the public interest due to the intensity allowed in CHV, and the proximity to the residential area. The proposed use is not appropriate for the location, is not reasonably compatible with adjacent land uses, and is contrary or detrimental to urbanizing land use patterns. The existing uses, Zoning and land uses for each property is explained below. Block 117 is comprised of 12 lots, and bound on the North by Northeast 4th Street (an improved paved roadway), on the South by Northeast 3rd Street (an improved paved roadway), on the West by Northeast 6th Avenue (an improved paved roadway), and to the East by Northeast 7th Avenue (an unimproved roadway). Lots 7 to 9 are not part of the application and will remain RSF -1, FLU is SF with an existing use of a home built in 1950. The subject property within this block now addresses Lots 1 to 3, 10 to 12, which are vacant, although there is a dilapidated storage shed on Lots 2 and 3. Lots 4 to 6 are Zoned CPO, FLU is Commercial, with an existing use of an office building. To the North, is Block 114 which is entirely vacant, with a Zoning of RSF - 1 and FLU of SF. To the South is Block 146 which has four homes on the north -half, two built in 1959, the other two built in Jan 20, 2015 CC REG Page 4 of 6 1960, the Zoning is RSF -1, with FLU as SF. To the East is Block 116, of which the north -half is included within the application, the south -half has a Zoning of CLT, FLU of Commercial and there is an existing office building. This property is also the sight of the former Lightsey Fish House Market. To the West is Block 118 with a Zoning of RSF -1 and FLU of SF. The south -half has two homes, one built in 1959, the other in 1960, the north -half is vacant and the former location of Watford Trucking, Inc. Block 116 is comprised of 12 lots, bound North and South by the same streets as Block 117 noted above. The unimproved roadway of Northeast 7th Avenue is the drive used to access the Lightsey's facilities and should it be improved, would run between Blocks 116 and 117. There is not a roadway to the East of this block, but an unplatted parcel created after the abandoning of Riverside Drive. Lots 7 to 12 are not part of the application, they have a Zoning of CLT, FLU classification of Commercial, with an existing use of an office building (formerly Lighstey's Fish Market). The subject property within this block addresses Lots 1 to 6, with 1 being vacant, a residence built in 1951 is on Lots 2 and 3; and Lots 4 to 6 have several structures that include a 10,209- square foot warehouse built in 1964, a 988 - square foot cooler re -built in 2012, and a 930- square foot building re- modeled in 1999, with two accessory use type structures both being 20 -feet by 12 -feet. This is the main area used for the taxidermy business. To the North, is Block 115 which has a residence on it built in 1979, with a Zoning of RSF -1 and FLU of SF. To the South is Block 147 of which the north -half is Zoned CLT, FLU as Commercial, and is a large parking lot used to serve the Nunez's multi -acre commercial development. To the East, 0.490 acres, and West, Block 117, are properties included with this application. The final piece of the subject property is an unplatted 0.490 acre parcel with a Zoning of Holding, FLU of SF and is vacant. To the North is another vacant unplatted parcel with RSF -1 Zoning and FLU of SF. To the South is an unplatted vacant parcel with a Zoning of CLT, and FLU of Commercial. To the East is Taylor Creek. To the West is Block 116 which is included with this application. 5. The proposed use will adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Although, the applicant challenges that this is not correct as the use has been on the same property for many years, and whether there were any impacts they would have already been realized. 6. The proposed use could be suitable buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. However, there does not appear to be any significant buffer for the residence within Block 117. Cconcern of the lack of buffering that could be done for the increased traffic was also noted. 7. In regards to creating a density pattern that would overburden public facilities such as schools, streets, and utility services, Planning Staff found that while density is not a factor associated with commercial use, intensity is, with potential increased traffic to Northeast 6th Avenue. 8. Addressing whether the proposed use would not create traffic congestion, flooding or drainage problems, or otherwise affect public safety, the specifics of these items would be addressed by the TRC during site plan review. The assumption is traffic congestion would be created by the proposed use. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Planning Board recommended 5 to 2 to approve. P8,'. lakitto - , , 7 Ito- appv f c) Vote on motion. VOTE i-ok4tet. KIRK - YEA RITTER - YEA CHANDLER- YEA WATFORD - YEA 0' A MOTION CARRIED. Jan 20, 2015 CC REG Page 5 of 6 B. Consider a Temporary Street Closing Application submitted by Okeechobee Main Street for the Annual Top of the Lake Festival, closing the 300 block of SW Park Street between SW 3rd and 4th Avenues, and SW 5th Avenue between North and South P /"Streets, km 5:00 p.m. - 5:00 p.m., February 6 - 8, 2015 - City Administrator (Exhibit 3). Council Members , ') and moved to approve a Temporary Street Closing Application submitted by Okeechobee Main Street for the Annual Top of the Lake Festival, closing the 300 block of SW Park Street between SW 3rd and 4th Avenues, and SW 5`h Avenue between North and South Park Streets, from 5:00 p.m. - 5:00 p.m., February 6 - 8, 2015. Discussion: (,t_ J r/ti L k 1 fi-PlAr - didik PA 6P 5YL. 5,, - 6, a d0 A-44/141-44-64-) (z. ,L� ez) c a r ( w i / , J ( f ) /5112 AO f &Pa-A-X-1 Alti VIA-f-7-11( "Sji ji Ai) VOTE J jot-x.4419 - • it.,4 (147 (11 %)1 KIRK - YEA CHANDLER- YEA RITTER - YEA WATFORD - YEA 0' ONNQR - YEA MOTION CARRIEtD�-, C. Motion to approve a proposal for Project Authorization No. 3 Contract for Agreement for Professional Engineering & Surveying Services with Culpepper & Terpening, Inc. for the design and construction administration for the repair to the collapsed drainage structure located at the intersection of SW 8th Street and SW 2"d Avenue - City Administrator (Exhibit 4). 4 Council Members // and /Pi_ moved to approve a proposal for Project Authorization No. 3 Contract for Agreement for Professional Engineering & Surveying Services with Culpepper & Terpening, Inc. for the design and construction administration for the repair to the collapsed drainage structure located at the intersection of SW 8th Street and SW 2nd Avenue. Discussion: iX co) en. erz `=_" fly --101 /h - 0)&7'd - (?41V 1 u4-6 } vvylue A. A- f2i-J-.3. Ao-(1)- e," (17,14(.. tid — .-4,--eetti 9/17 VaA, )1,6' (t 17/ ./73AAtafg,c "4- I • 6a/u) a, t vrege4 f xo VOTE KIRK - YEA RITTER - YEA CHANDLER- YEA e ' ' • - —YEA_ WATFORD - YEA MOTION CARRIED. X. ADJOURN MEETING - Mayor There being no further items on the agenda, Mayor Kirk adjourned the meeting at 2! r P.M. Jan 20, 2015 CC REG Page 6 of 6 (pi) 4i Aaariz 1,1/J,e iDo/e977c, Ely (*_c?„)„, koct. - vi,64 ,te" oop ) ,qL ta-farZ-7. ;15:_dte - JntA-6-e 61 Q)1740,1,t-vd Ah) - (i 7(67 apecr /6.8 dade4c Florida League of Cities A RESOLUTION OF THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF CITIES, INC., HONORING JAMES E. KIRK FOR TWENTY- FIVE YEARS OF ELECTED SERVICE, AND PRESENTING HIM WITH THE JOHN LAND YEARS OF SERVICE AWARD IN RECOGNITION OF HIS UNSELFISH COMMITMENT TO MUNICIPAL LEADERSHIP AND GOVERNANCE. WHEREAS, America's municipal governments have long relied upon the unselfish leadership of their citizens for local self - government, and Florida's municipal governments share the time - honored role as the level of government closest to the people; and WHEREAS, this reliance places extraordinary responsibilities upon citizen legislators — municipal elected officials — who make significant sacrifices of their time and energies on behalf of their citizenry, often for little to no compensation, making this commitment a true labor of love; and WHEREAS, municipal leaders strive for excellence in the governance of their city, town or village, and commit themselves to providing quality services, governing effectively and working to improve the quality of life; and WHEREAS, the League has named its Years of Service recognition in honor of John Land, the mayor of Apopka between the years of 1949 and 2014; a leader whose dedication is unsurpassed at the national and state levels, and who modeled the way for decades of municipal leaders; and WHEREAS, several terms in office is a high compliment voters give to an official, and with these years of experience comes a strengthening of wisdom, discernment and strong leadership skills that brings tremendous value to the municipal governments of Florida; and WHEREAS, James E. Kirk has held office in the City of Okeechobee for twenty -five years and is recognized for this achievement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE FLORIDA LEAGUE OF CITIES, INC.: That James E. Kirk is commended for his dedication to the City of Okeechobee and is hereby recognized as an outstanding public servant in Florida. ADOPTED BY THE BOARD OF DIRECTORS ASSEMBLED THIS 15TH DAY OF AUGUST 2014, IN HOLLYWOOD, FLORIDA. ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. P.C. Wu, President Florida League of Cities, Inc. Councilmember, City of Pensacola CENTENNIAL CELEBRATION AD HOC COMMITTEE MONTHLY UPDATE /REPORT TO CITY COUNCIL JANUARY 20, 2015 1. Recap of Centennial Kick -off held Jan 9 in Flagler Park. - Special thanks to East Coast Printing & 1 Stop Party Shop 2. The 100 Scavenger Hunt Contest began Jan 19, with 42 teams registered to date. Contest will run until Jun 4, winners announced at the Birthday Bash, $100 per team member. 3. Tervis Tumblers came in on Thurs, Jan 18, ordered 100, and sold 22 to date, $15 each. 4. Historical Bus Tour ticket sales are going good. Only 6 left for the April tour at City Hall. Tickets are also being sold at the Chamber office. A private tour was purchased by Silver Palms for their residents. Tour Dates: 4/11, 6/20, 9/19, & 10/17 Okeechobee Historical Society Historic Bus Tours Tickets $15 each Begins @ City Hall 5. The Centennial Flag is available for organizations to check out and use in parades and rodeos. -Made its debut at the Top of the Lake Day of the Cowboy 6. Capital Improvement Projects to commemorate the Centennial: -Front walkway at City Hall >Had to award to new company, Member Hoover & Director Allen working toward getting the website launched. These will be sold individually, $50 for a 4x8 and $100 for an 8x8. - Centennial Park 7. Requested City Staff obtain quotes from local photographers and videographers to document all Centennial events. 8. Organizations who partnered with the Centennial for cross advertising and support: Wed, 1/21/15 Kiwanis International Centennial Celebration, Flagler Park 4 Sat & Sun, 2/28/15 & 3/1/15, Battle of Okeechobee Reenactment, Battlefield State Park Sat, 3/28/15, March of Dimes Walk, Flagler Park 4 2nd Sat of ea Month, General Federation of Woman's Club (GFWC) Centennial Movie in the Park, Flagler Park 4 Okeechobee Retired Educators Association is selling commemorative Centennial Christmas Ornaments for $15 featuring the City Seal. Tantie Quilters will be having a Centennial Quilt Raffle. Tickets to be sold at Centennial Events. 'b%hhtlf ed Page 1 of 2 9. Centennial Events. DATE &TIME EVENT COORDINATOR(S) LOCATION Sat, 4/18/15 Mayors Centennial Gala *Tickets available thru purchase of a sponsorship To date 12 Pioneer Sponsorships & 6 Settlers have been sold Half the Gala tickets have been sold (#1-100) Enfinger Silver Palms Sat, 6/13/15 Centennial Birthday Bash (free to attend) Turgeon TBD (Sacred Heart Church facilities offered) Sat, 10/10/15 Centennial Heritage Festival (free to attend) Williams TBD Okeechobee Community Theatre to perform a Special Okeechobee play in coordination with the Heritage Festival (admission charge) Elsken Freshman Campus Auditorium Tue, 12/1/15 5 -8 PM Tree Lighting Celebration & Centennial Time Capsule Ceremony (free to attend) Whitehall (Lighting) Gaiser (Capsule) City Hall Fri, 12/11/15 Centennial Frolic Street Dance & BBQ (free to attend) Elsken TBD For Informational Purposes: The CCAHC is also partnering with existing events throughout 2015, some may feature Centennial Contests, others will be participation, not all are listed as many events still need CCAHC coordinators: • Centennial Poster Contest at the Feb 7 -8, OKMS Top of the Lake Art & Chalk Festival • Centennial Team in the Feb 21, FOR Okeechobee, Inc., 5K Ribbon Run • Centennial Float in the Mar 14 -15, OKMS Speckled Perch Festival & Rodeo • Apr 4, Kiwanis Easter Pancake Breakfast • Participation at the Jul 4, FOR Okeechobee, Inc., Independence Day Celebration • Centennial Float in the Sep 5 -7, OKMS Labor Day Festival & Parade • Centennial Paddle Decorating Contest at the Oct 3, Adam Bryant Minimal Regatta • Centennial Float in the Dec 12, OKMS Lighted Christmas Parade Page 2 of 2 Exhibit 1 Jan 20, 2015 ORDINANCE NO. 1117 AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OFOKEECHOBEECOMPREHENSIVEPLAN ,ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OFLAND MORE PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY RESIDENTIAL TO COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for orderly growth and development; and WHEREAS, Chapter 163, Florida Statues provides for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 14-002-SSA), submitted by property owner(s), Rick and Bonita Lightsey, for a small -scale amendment to the Future Land Use Map of the City's Comprehensive Plan, and said application(s) being reviewed by the City's Planning Board, acting as the Local Planning Agency, at a duly advertised Public Hearing held on October 16, 2014, which determined such application to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and WHEREAS, the City has agreed with the recommendations of the Planning Board that the proposed application(s) complies with the requirements of Florida Statutes 163, Part II, and that the proposed application(s) are consistent with the Comprehensive Plan and appropriate to the future and uses within the City. NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City: SECTION 1: SHORT TITLE. THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment," pursuant to F.S. 163.3187, and shall be effective within the City Limits of the City of Okeechobee, Florida. SECTION 2: AUTHORITY. This City of Okeechobee Small Scale Development Activities Comprehensive Plan Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II, Florida Statutes. SECTION 3: REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 2.553 acre(s) is hereby re- designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Ordinance No.1117 - Page 1 of 3 a. Application No. 14-002-SSA, from Single Family Residential to Commercial. The Legal Description of Subject Property as follows: PARCEL NO. 1: LOTS 1 TO 6 OF BLOCK 116, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND PARCEL NO. 2: LOTS 1 TO 3, AND 10 TO 12 OF BLOCK 117; CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH PARCEL NO. 3: A TRACT OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF BLOCK 115, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND THE NORTHWEST CORNER OF PARCEL 4 OF PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG THE WEST BOUNDARY OF SAID PARCEL 4 TO THE INTERSECTION WITH THE CENTERLINE OF NE 4" STREET (FORMERLY TENTH AVENUE) FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF BLOCK 116 OF SAID PLAT OF OKEECHOBEE, TO THE INTERSECTION WITH THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116; THENCE RUN EAST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF NE 4T" STREET (FORMERLY TENTH AVENUE) EXTENDED EAST; THENCE RUN WEST, ALONG SAID EXTENDED CENTERLINE, TO THE POINT OF BEGINNING; AND COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116, AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 3, TO THE CENTERLINE OF NORTHEAST 3RD STREET (FORMERLY NINTH STREET); THENCE RUN EAST, ALONG SAID CENTERLINE OF SAID NORTHEAST 3RO STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT OF BEGINNING. SECTION 4: INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended March 3, 2009 ", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). Ordinance No.1117 - Page 2 of 3 SECTION 5: CONFLICT. AO ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 7: EFFECTIVE DATE. The effective date of this plan amendment shall be thirty -one (31) days after the adoption of this Ordinance, if not timely challenged. If timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. INTRODUCED AND ADOPTED at First Reading and Final Public Hearing on this 20T" day of January, 2015, Pursuant to F.S. 163.3187(2). ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No.1117 - Page 3 of 3 OCTOBER 16, 2014 • PLANNING BOARD • PAGE 4 OF 13 • AGENDA :, - ,,..,.... ,. ; • ° ; _...., ...., :ACTION: ;DISCUSSION., ...TE.,... ,.... V. • PUBLIC HEARING CONTINUED. D. 6. a) Consider a motion to approve or deny petition No. 14-008-SE continued. ' b) Board discussion. c) Vote on motion. A. Application No. 14- 002 -SSA submitted by property owners, Rick and Bonita Lightsey, requesting to change the Future Land Use classification from Single Family to Commercial for Lots 1 to 6 of Block 116, Lots 1 to 3 and 10 to 12 of Block 117, City of Okeechobee subdivision, and an unplatted 0.490 acre parcel, all located in the 600 and 700 blocks between NE 3rd and 4'" Streets (Exhibit 1). • (5) The use will not adversely affect the property values or living conditions, nor be a deterrent to the development of adjacent property based on the same fiinding for the previous item. (6) The use will not be required to be screened from surrounding uses to reduce the impact of any nuisance or hazard to adjacent uses. However, it is noted that lively and sometimes loud music is associated with fitness activities, and therefore recommended that the doors and windows facing the residences remain closed during any early morning, evening, and nighttime hours to minimize any potential effects to those residents. (7) Commercial uses of this nature are not an issue with creating a density pattern that would overburden public facilities such as schools, streets, and utility services. (8) Creation of traffic congestion nor compromising traffic safety will be an issue for the proposed use. Further since there were no physical changes to the site or building, the use should not create flooding or drainage problems, or otherwise affect public safety. Motion and second were made by Members Burroughs and McCreary based on Planning Staff's recommendation and findings to approve Petition No. 14-008-SE, allowing a Personal Services Use in the form of a Health and Fitness Club, within a CPO Zoning, for Lots 7 to 10 of Block 92, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records (210 Northwest 5'" Street), containing approximately 0.642 acres, with the following special conditions: (1) Approval will not be effective until and when Text Amendment No. 14-002-TA adding Personal Services to the list of Special Exception Uses in the CPO District is adopted by the City Council; (2) the square footage of the various uses will be consistent with the parking requirement that results from the City Council's actions on the applicant's requests for approval of off -site parking and the parking reduction. Chairperson Hoover asked whether there was any further discussion. There was none. VOTE • HOOVER -YEA BURROUGHS -YEA BAUGHMAN - YEA BRASS - YEA MCCOY - YEA MCCREARY - YEA RITTER • YEA CREASMAN - YEA MOTION CARRIED. Comprehensive Plan Small Scale Future Land Use Map (FLUM)Amendment Application No. 14-002-SSA was submitted by property owners, Rick and Bonita Lightsey, which requests to change the Future Land Use (FLU) classification from Single Family (SF) to Commercial for Lots 1 to 6 of Block 116, Lots 1 to 3 and 10 to 12 of Block 117, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, and an unplatted 0.490 acre parcel, all located in the 600 and 700 blocks between Northeast 3'd and 4'h Streets, and totals approximately 2.553 acres. There is a related Rezoning Petition, No. 14 -002 -R for this property. AGENDA. V. PUBLIC HEARING CONTINUED. A. 1. Hear from Planning Staff, Small Scale Amendment Application No. 14- 002 -SSA. 2. Hear from the Property Owner or designee /agent. OCTOBER 16, 2014 - PLANNING BOARD - PAGE 5 OF 13 ACTION DISCUSSIQN VOTE Mr. Brisson reviewed the Planning Staff Report and his recommendation for denial based on the following findings: The application was found to be inconsistent with the City's Comprehensive Plan, specifically within the FLU Element Policy 2.2 relating to protecting the use and value of private property, and Objective 12 which is to encourage compatibility with adjacent uses and limit uses inconsistent with the character and land uses of surrounding areas, and to discourage urban sprawl. Addressing adequacy of Public Facilities, Planning Staff noted in regards to Potable Water and Wastewater, the applicant should provide a letter from the Okeechobee Utility Authority (OUA) confirming the adequacy of treatment capacity and distribution lines to serve potential intensity of development on the property and describing any improvements that would be necessary. Issues relating to Roadways, were that based on traffic analyses for other commercial developments, it is safe to say the level of traffic likely to be generated by the proposed development would be insignificant to impacting Park Street (State Road 70) and Parrott Avenue (U.S. Highway 441). However, a potential significant impact to Northeast 4th Street and 6th Avenue was explained in detail. There should not be an issue in impacts to Solid Waste adequacy. The proposed development will be required to meet all City and South Florida Water Management District standards for Drainage. The property contains no environmentally sensitive areas, valuable habitat, or other physical attributes that would limit the development as a result of Environmental Impacts or concerns since the property has been in urban usage for many years. Under the section for 'Other Considerations,' Mr. Brisson focused on an underlying issue regarding the amount of commercial classified land the City already has, approximately 358 acres, or almost 18 percent. Typically, a community only has up to 10 percent. Although, the City is the only municipality and centrally located within the County, therefore the percentage is expected to be somewhat higher. However, there is considerable vacant commercial and in the community to accommodate commercial needs. Mr. Dobbs of SLD Engineering was in attendance to address the matter on behalf of the applicant and elaborated, the subject property has been used in the capacity of a taxidermy and other associated businesses for 60 to 70 years. Due to the adoption of the LDR's, the property became nonconforming. The owners intend to bring the properties into compliance based on existing use, Zoning and FLU, as they are prohibited from being issued building permits that increase the existing structures in any manner. The related rezoning petition elaborates on the subject. In an effort to address the adequacy of potable water and wastewater, an email from OUA Executive Director Hayford was read to state, "while there is sufficient capacity at the water and wastewater plants, infrastructure (water/wastewater lines) will need to be extended to the property in question." The residential homes are buffered by heavy vegetation and wooded areas from the existing commercial operations, excluding the existing CPO office in Block 117 and Light Commercial (CLT) office in Block 116, which are not part of this application. OCTOBER 16, 2014 - PLANNING BOARD - PAGE 6 OF 13 AGENDA.. ACTION. �DISGUSSIONs.UQTE V. PUBLIC HEARING CONTINUED. A. 2. Hear from the Property Owner or designee /agent on Small Scale Amendment Application No. 14-002-SSA continued. As explained in the application, and reiterated at the meeting, the Lightsey family has owned and operated several types of businesses within this residential area for many years, predating the 1979 Zoning Regulations adoptions, and were grand- fathered in. However, with the new LDR restrictions, which by State Law did not allow grand- fathering, the operations became non - conforming. The subject properties existing and surrounding information is summarized as follows: Block 117 ig comprised of 12 lots, and bound on the North by Northeast 4th Street (an improved paved roadway), on the South by Northeast r Street (an improved paved roadway), on the Eest by Northeast 6" Avenue (an improved paved roadway), and to the East by Northeast 7'" Avenue (an unimproved roadway). Lots 4 to 9 are not part of the application. Lots 4 to 6 already have a Zoning of CPO, FLU classification of Commercial, with an existing use of an office building. Lots and 7 to 9 has an RSF -1 Zoning, FLU of SF with an existing use of a home build in 1950.The subject property within this block addresses Lots 1 to 3, and 10 to 12, which are vacant, although there is a dilapidated storage shed on Lots 2 and 3. To the North, is Block 114 which is entirely vacant, with a Zoning of Residential Single Family -One (RSF -1) and FLU of SF. To the South is Block 146 which has four homes on the north -half, two built in 1959, the other two built in 1960, the Zoning is RSF -1, with FLU as SF. To the East is Block 116, of which the north -half is included within the application, the south -half has a Zoning of CLT, FLU of Commercial and there is an existing office building. This property is also the sight of the former Lightsey Fish House Market. To the West is Block 118 with a Zoning of RSF -1 and FLU of SF. The south -half has two homes, one built in 1959, the other in 1960, the north -half is vacant and was a former location of Watford Trucking, Inc., the property is owned by the Ft. Drum Corporation. Block 116 is comprised of 12 lots, bound North and South by the same streets as Block 117 noted above. The unimproved roadway of Northeast 7'" Avenue is the drive used to access the Lightsey's facilities and should it be improved, would run between Blocks 116 and 117. There is not a roadway to the East of these lots, but an unplatted parcel created after the abandoning of Riverside Drive. Lots 7 to 12 are not part of the application, they have a Zoning of CLT, FLU classification of Commercial, with an existing use of an office building (formerly Lighstey's Fish Market). The subject property within this block addresses Lots 1 to 6, with 1 being vacant, a residence built in 1951 is on Lots 2 and 3; and Lots 4 to 6 have a several structures that include a 10,209- square foot warehouse built in 1964, a 988- square foot cooler re -built in 2012, and a 930 - square foot building re- modeled in 1999, with two accessory use type structures both being 20 -feet by 12 -feet. This is the main area used for their business. To the North, is Block 115 which has a residence on it built in 1979, with a Zoning of RSF -1 and FLU of SF. To the South is Block 147 of which the north -half is Zoned CLT, FLU as Commercial, and is a large parking lot used to serve the Nunez's multi -acre commercial development. To the East, 0.490 acres, and West, Block 117, are properties included with this application. AGENDA= V. PUBLIC HEARING CONTINUED. A. 2. Hear from the Property Owner or designee /agent Small Scale Amendment Application No. 14-002-SSA continued. 3. Public comments or questions from those in attendance, or submitted to the Board Secretary. 4. Disclosure of Ex -Parte Communications by the Board. 5. a) Consideration of a recommendation to the City Council to approve or deny application b) Board discussion. c) Vote on motion. OCTOBER 16, 2014. PLANNING BOARD - PAGE 7 0? 13 ACTION.- :DISCUSSION The final piece of the subject property is an unplatted 0.490 acre parcel with a Zoning of Holding, FLU of SF and is a vacant. This parcel is one that was identified in the Evaluation and Appraisal Report to address the mapping conflicts. To the North is another vacant unplatted parcel with RFF -1 Zoning and FLU of SF. To the South is an unplatted vacant parcel with a Zoning of CLT, and FLU of Commercial. To the East is Taylor Creek. To the West is Block 116 which is included with this application. Chairperson Hoover asked whether there were any comments or questions from those in attendance. The matter was advertised as a Public Hearing in the Okeechobee News on September 28 and October 8. There were no objections received prior to the meeting, nor any stated at this time. Chairperson Hoover asked Members to disclose for the record any conversations they were privy to regarding the application, or whether they had visited the site. There were none. There was a lengthy discussion regarding Planning Staffs findings and recommendation for denial. Many of the Members were aware of the various commercial businesses that have been in operation within this area for several years. Mr. Rick Lightsey is the State's nuisance gator trapper for the area, as was his father before him. The taxidermy, fish market, and accessory type businesses were started by Mr. Lightsey's father and uncle, it is now a third - generation operation. Mr. Lightsey was raised in one of the homes within the application, they have always been cognizant of their residential neighbors, as they too live in the same area. A motion and second was offered by Members Ritter and Baughman to recommend the City Council approve Application No. 14. 002 -SSA, changing the FLU classification from SF to Commercial for Lots 1 to 6 of Block 116, Lots 1 to 3 and 10 to 12 of Block 117, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, and an unplatted 0.490 acre parcel, all located in the 600 and 700 blocks between Northeast 3rd and 4th Streets. Members Brass and McCreary were both concemed with the request to change the entire area to commercial, and suggested only including the property where the office and taxidermy operations take place. Most especially excluding the unplatted parcel along Taylor Creek. VOTE VOTE HOOVER -YEA BURROUGHS -YEA BAUGHMAN -YEA BRASS - No MCCREARY- No RITTER • YEA CREASMAN - NIA MOTION CARRIED MCCOY -YEA The recommendation will be forwarded to the City Council for consideration at a final Public Hearing, tentatively scheduled for November 18, 2014, at 6:00 p.m. City of Oh General S 55 S Ehob Exhibit 1 Phone: (Boa, Iva -.,J, N, Wilts Aldt) Fax: (863) 763 -1686 Date: GI — `J -1 1-1- • , .,,, Petition No. r -i �� S� Fee Paid: GP.R.QD meta Rg Jurisdiction: pp, £ p U 1st Hearing: (0-- 1(Q - -IU 2 °d Hearing: i i —f 2.- l(1 Publication Dates: ;%? l �; ' ;' Notices Mailed: APPLICATION FOR,. C.OMPREHENSIVE.PLAN AMENDMENT To BE COMPLETED BY CITY STAFF: Verified FLUM Designation:. Verified Zoning Designation: Plan Amendment Type: 0 Large Scale (LSA) involving over 10 acres or text amendment Small Scale (SSA) 10 acres or less ❑ Small Scale (SSA) More than 10 but less than 20 acres if the proposed amendment will have a positive effect in addressing the problems of low per capita incomes, low average wages, high unemployment, instability of employment, and/or other indices of economically distressed communities. APPLICANT PLEASE NOTE: Answer all questions completely and accurately. Please print or type responses. If additional space is needed, number and attach additional sheets. The total number of sheets in your application is '710 !: (:) t tt /-i, ...r Submit 1 (one) copy of the complete application and amendment support documentation, including maps, to the General Services Department. Fifteen (15) copies of any documents over 11 X 17 are required to be submitted by the applicant. I, the undersigned owner or authorized representative, hereby submit this application and the attached amendment support documentation. The information and documents provided are complete and accurate to the best of my knowledge. 9/6--// Date *Attach Notarized Letter of Owner's Authorization ignature of Owner or Representative* Rick A. and Bonita B. Lightsey For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 1 of 7 Applicaton for Comprehensive Plan Amendment (6/09) APPLICANT /AGENT /OWNER INFORMATIC Rick A. and Bonita B. Lightsey Applicant 502 NE 6th Avenue Address Okeechobee FL 34972 Ci 863-6 34 -7272 Telephone Number Fax Number State Zi bebe- Iightsey a comcast.net E -Mail Agent *, Address City State Zip Telephone Number Fax Number E -Mail Same as Applicant Owner(s) of Record Address City State Zip Telephone Number Fax Number E -Mail Name, address and qualification of additional planners, architects, engineers, environmental consultants, and other professionals providing information contained in this application. *This will be the person contacted for all business relative to the application. For questions relating to this application packet, call the General Services Dept. at (863) -763 -3372, Ext. 218 Page 2 of 7 Applicaton for Comprehensive Plan Amendment (6/09) EQU,ESTED:CHANGE Please see' Section:; V; Fee'. Schedule) A. TYPE: (Check appropriate type) ❑ Text Amendment © Future Land Use Map (FLUM) Amendment B. SUMMARY OF REQUEST (Brief explanation): The subject parcel's use and existing Taxidermy Shop predates the City's LDRs. The request is to change the FLUM from the current Residential to Commercial. A. PROPERTY LOCATION: 1. Site Address: 502 NE 6th Avenue, Okeechobee, FL 34972 2. Property ID #(s): 3-15-37-35-0010-01170-0010, 3- 15- 37 -35- 0010- 01170 -0100, 3- 15- 37- 35- 0016 =01170 -0020, ( 3 -15- 7 -3 - 0010 - 01160 - 0040,3- 15- 37 -35- 0010 - 01160 - 0020,3- 15- 37 -35- 0010 - 01160 -0010, 3-15-37-35-0010-00010-001p (..Q • e B. PROPERTY INFORMATION (Note: Property area should be to the nearest tenth of an acre. For properties of less than one acre, area should be in square feet.) 1. Total Area of Property: 2.6 Acres 2. Total Area included in Request:2.6 Acres a. In each Future Land Use (FLU) Category: • (1) 2.6 Acres - Commercial (2) (3) (4) b. Total Uplands: 2.6 Acres c. Total Wetlands: 0.0 Acres For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 3 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Current Zoning: Single Family Residential RS 4. Current FLU Category: Residential SF 5. Existing Land Use: Commercial 6. Requested FLU Category Commercial D. MAXIMUM DEVELOPMENT POTENTIAL OF THE SUBJECT PROPERTY Development Type Existing FLU Category Proposed FLU Category Residential Density (DU /Acre) Number of Units Commercial (sq. ft.) Industrial (sq. ft) AMENDMENT SUPPORT DOCUMENTATION` At a minimum, the application shall include the following support data and analysis. These items are based on the submittal requirements of the State of Florida, Department of Community Affairs for a comprehensive plan amendment, and policies contained in the City of Okeechobee Comprehensive Plan. Staff will evaluate this request based on the support documentation provided by the applicant. A. GENERAL INFORMATION AND MAPS Unless otherwise specified, the Applicant must provide the following materials for any proposed amendment that will affect the development potential of properties. If large maps are submitted, the Applicant may be required to provide 8.5" x 11" maps for inclusion in public hearing packets. 1. Wording of any proposed text changes. 2. A map showing the boundaries of the subject property, surrounding street network, and Future Land Use designations of surrounding properties. 3. A map showing existing land uses (not designations) of the subject property and surrounding properties. 4. Written descriptions of the existing land uses and how the proposed Future Land Use designation is consistent with current uses and current Future Land Use designations. 5. Map showing existing zoning of the subject property and surrounding properties. 6. Certified property boundary survey; date of survey; surveyor's name, address and phone number; and legal description(s) for the property subject to the requested change. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page4of7 Applicaton for Comprehensive Plan Amendment (6/09) 7. A copy of the deed(s) for the property subject to the requested change. 8. An aerial map showing the subject property and surrounding properties. 9. If applicant is not the owner, a notarized letter from the owner of the property authorizing the applicant to represent the owner. B. PUBLIC FACILITIES IMPACTS Note: The applicant must calculate public facilities impacts based on a maximum develop- ment scenario. 1. Traffic Analysis a. For Small Scale Amendments (SSA) (1) The Applicant shall estimate of traffic volumes associated with the proposed change using the most recent edition of Trip Generation prepared by the Institute of Traffic Engineers and assuming maximum development potential of the property. (2) If the proposed Future Land Use change will result in an increase of 100 or more peak hour vehicle trip ends in excess of that which would result under the current Future Land Use designation, the Applicant shall attach a Traffic Impact Study prepared by a professional trans- portation planner or transportation engineer b. For Large Scale Amendments (LSA) All LSAs shall be accompanied by a Traffic Impact Study prepared by a professional transportation planner or transportation engineer. c. Traffic Impact Studies are intended to determine the effect of the proposed land use change on the city's roadway network and the city's ability to accom- modate traffic associated with the proposed change over a ten -year planning period. d. An inability to accornmodate the necessary modifications within the financially feasible limits of the city's plan will be a basis for denial of the requested land use change; 2. Provide estimates of demand associated with maximum potential development of the subject property under the current and proposed Future Land Use designations for provision potable water, sanitary sewer, and recreation/open space as follows: a. Potable Water and Sanitary Sewer demand based on: (1) 114 gallons per person per day (gppd) for residential uses (2) 0.15 gallons per day per square foot of floor area for nonresidential uses b. Recreation, and Open Space demand for residential uses of 3 acres per thousand peak season population. For questions relating to this application packet, call the General Services Dept. at (863) -763 -3372, Ext. 218 Page 5 of 7 Applicaton for Comprehensive Plan Amendment (6/09) 3. Provide a letter from the appropriate agency substantiating the adequacy of the existing and proposed facilities, to support development resulting from the proposed change, including: a. Solid Waste; b. Water and Sewer; c. Schools. In reference to above, the applicant should supply the responding agency with the information from Section's II and III for their evaluation, as well as estimates of maximum population and nonresidential square footage developable under the existing and proposed Future Land Use categories. The application should include the applicant's correspondence to the responding agency. C. ENVIRONMENTAL IMPACTS Proposed plan amendments shall be accompanied by evidence that the following studies either have been completed for another permitting agency or are not relevant to the property. There shall be inventories of: 1. Wetlands and aquifer recharge areas. 2. Soils posing severe limitations to development. 3. Unique habitat. 4. Endangered species of wildlife and plants. 5. Floodprone areas. D. INTERNAL CONSISTENCY WITH THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN 1. Discuss how the proposal affects established City of Okeechobee population projections. 2. List all goals and objectives of the Bonita Springs Comprehensive Plan that are affected by the proposed amendment. This analysis should include an evaluation of all relevant policies under each goal and objective. 3. Describe how the proposal affects the County's Comprehensive Plan as it relates to adjacent unincorporated areas. 4. List State Policy Plan and Regional Policy Plan goals and policies that are relevant to this plan amendment. For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page 6 of 7 Applicaton for Comprehensive Plan Amendment (6/09) E. JUSTIFICATION OF PROPOSED AMENDMENT Justify the proposed amendment based upon sound planning principles. Be sure to support all conclusions made in this justification with adequate data and analysis. SEE SCHEI]lJL'E: Large Scale Amendment (LSA) $4,000.00 plus $30.00 per acre Small Scale Amendment (SSA) $850.00 plus $30.00 per acre Text Amendment Flat Fee $2,000.00 each AFFIDAW IWi I, �`� �7.•�it►y'I�'%�1�:: certify that ram the owner or authorized representative of the property describes herei , and th. t °. 11 answers to the questions in this application and any sketches, data, or other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I also authorize the staff of the City of Okeechobee to enter upon the property during normal working hours for the purpose of investigating and evaluating the r ` ue . t made through this application. /— /y Signature(( of Owner •' Authorize! Agent Date n ci-aa _ [4'9 kse Typed or Printed Name STATE OF r ti)t\G0A. COUNTY OF (A(\Q.t? LJf161012 -e-- The foregoing instrument was certified and subscribed before me this 10 day of 52Aernbe,r 20 l`(, by 930 c1; % L 0 - yE -S911 , who is personally known to me or who has produced —Or-W.(2 v S L C-e (Se._. as identification. „.•` "1Ncs KIMBERLY SHOCKLEY Notary Public - State of Florida do My Comm. Expires Jan 18. 2016 ••F�o;;s Commission # EE 161165 )" 1 i m'O rr SrOCACA -z \- Printed Name of Notary Public 1 Commission Expires on: 1' I � I LP For questions relating to this application packet, call the General Services Dept. at (863) - 763 -3372, Ext. 218 Page7of7 Staff Report Small Scale Comprehensive Plan Amendment Prepared for: The City of Okeechobee Applicant: Rick A. and Bonita B. Lightsey Petition No.: 14-002-SSA Ls1 r- Planning & Management Services, Inc. 1373 Jackson Streo, Suite 206 Ion NI■ers, Florida 239-334-3366 Serving Florida Local. Governments Since 1988 ....:FlrI:':7.ltrr7T7t1!771r,',rllr7f!EF:TTZ..Tr.!;rrrnrTrZ"an::tFr.7.n77.77:TV.7f7.T.-77f,:rfMVTrTTY'7','F'.!''',':'zT:':'.FtM:7MritfltattZ:r27:Tanr;.t::..7.n,fn:Li,ZfriEr7:TEMA Staff Report Applicant's Name: Rick A. and Bonita B. Lightsey Small Scale Comprehensive Plan Amendment Petition No. 14- 002 -SSA Generate fnformatrortt< Owner /Applicant Site Address Contact Person Contact Phone Number Contact Email Address Future Land Use Map Classification Zoning District Use of Property Acreage Rick A. and Bonita B. Lightsey 502 NE 6th Avenue Okeechobee, FL 34972 700 NE 4th Street and adjacent properties to the east and west (see attachments at end of this Staff Report) Bonita B. Lightsey 863- 634 -7272 Bebe-lightsey@comcast.net Existing Single Family Residential RSF1 except for parcel bordering Taylor Creek, which is "Holding ". Taxidermy and vacant 2.553 acres Le • ai. I escri`•. tfortla oPro • erty Parcel Identification Numbers 3- 15- 37 -35- 0010- 01170 -0020; 3- 15- 37 -35- 0010- 01170 -0010, 3- 15- 37 -35- 0010- 01160 -0040; 3- 15- 37 -35- 0010- 01160 -0020 V' 3- 15- 37 -35- 0010- 01160 -0010; 3-15-37-35-0010-01160-001D, 3- 15- 37 -35- 0010- 01170 -0100 Proposed Commercial CHV Commercial uses 2.553 Acres Srn inr; Florid :I Local Govern men(s Since 1988 Staff Report Applicant's Name: Rick A. and Bonita B. Lightsey Small Scale Comprehensive Plan Amendment Petition No. 14- 002 -SSA Legal Description: B.Xi17I1Tr "A" Two parcels of hand lying in Section 15, Township 37 South, Range 35 Fast, Okcrchob.e County, Florida, being more particularly describer) as follows: Commencing at the Southeast corner of Block 115, OICEECIHOBEE, according to time plat thereof recorded in Plat Book 5, Page 5, public records of Okecclxobe9 County, Florida, and the Northwest corner of Parcel 4 of PLAT NO it OF :TAYLOR C11L P K WATERSHED as recorded in Plat Book 3, Page 29, public records of Okeechobee County, Florida; .thence run South along the West boundary of said Parcel 4 to the intersection with than centerline of N.E. 4 street (formerly Tenth Avenue) for a POINT OF 3EGINNING: thence continue South,, along. the Western boundary of said Parcel 4 and. the East boundary of Block 116 of said plot ofOKEEC1FOBEE, to the intersection with the centerline of tho 15 foot alleyway in said Block 116; thence run East along tire centerline of said albs y_ cd East, to the Western shore line of "Taylor Creek tlu-. aac-a run Ncnthccly, ( ng d Wt.�te +,a shone than of Traylor Creek, to the intersoction with the ocnterlino of2�Br -ai _ tt (formerly Tenth Avenue) extended East thence rein West, along said "extended . to the POINT OF B1EOINhi1NO. ANC) Commencing at the South" t 1 of Block 116, OKLECH01311E, according to the plat thereof recorded : P age 5, public records of Okeechobee County; Florida, thence run South and `n rag Western boundary of Parcel 4 according to PLAT NO. 1 OF'TAYLOB �.u.stw A ,ns r+ orded itt Plat Book 3, Page 29, public records of Okeechobee County, Fiends, to the centerline of the 15 foot alleyway in said Alock 116 and the POINT OF BE INN*NCI; thence continue South, along the Western boundary. of said Parcel 4 and the Fast boouxulary of said Block 116, to the Southeast corner -of Lot 12 of said Flock 116 and also being the Northwest 'comer of Parcel 3 of said PLAT "NO 1 OP TAYLOR CREEK Wt1TE1zSI-LED tlacaxa:as tun Southwesterly, along the Western boundary of said Parcel 3, to the centerline of N.E. 3`4 Street (formerly Ninth Street); thence non East, along said centerline of said N.13_ 3n° Street (formerly Ninth Street) extended East to the Western shore line Tatylor Creek; thence run 14ortberly, *duug said Wnatern shore line of Taylor Creek, to the intersection with the centerline of said 15 foot alleyway extended Feat; thence run West. along the centerline of said alleyway extended, to the POINT OF 13EG1NN114O. 11.13_L. Retitiest The matter before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map from Single - Family Residential to Commercial for 2.553 acres of property owned by Rick A. and Bonita B. Lightsey located on the south side of NE 4th Street extending westward from Taylor Creek, up to but not including the lot located at the southeast corner of NE 4th Street and NE 6th Avenue. Lots 10, 11, and 12 in Block 117 on the north side of NE 3rd Street are also included. This property, as well as the lot adjacent to the west (at the southeast corner of NE 4th Street and NE 6th Avenue), are the subject of a concurrent request for rezoning to CHV. Sercin}; Iloriela Lo( a1 (ins ep ninenis Since 1988 Staff Report Applicant's Name: Rick A. and Bonita B. Lightsey Small Scale Comprehensive Plan Amendment Petition No. 14- 002 -SSA d aiCe t utiteoi a'rfcj, Ue flffap Crrssifraau n an zc rii t Future Land Use Map Classification North Zoning District Existing Land Use Future Land Use Map Classification East Zoning District Existing Land Use: Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District: Existing Land Use: 00r10.0 iaf .01*Of i Staflt 4).01iiiOnt Single - Family RSF1 Single- family residential or vacant Water/Taylor Creek and Commercial Water/Taylor Creek and CLT Water/Taylor Creek and office Single- Family Residential and Commercial RSF1 and CLT Single- family residential, office and vacant land. Commercial and Single- Family Residential RSF1 and CPO Single- family residential and professional office. A Qualification for Amendment Based on the size of the property (2.553 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. B. Current Use The property currently contains what appears to be a single - family home on the property identified in the Application as #5 (Parcel 5- 37 -35- 0010 - 01160 -0010 shown in the Property Appraiser's records as vacant) There are also other structures on the property which the Applicant identifies as being associated with an "existing Taxidermy Shop" that "predates the City's LDRs." This may indeed be the case, but we have been unable to identify any BTR for such a use on the subject property. Be that as it may, we will assume that the existing use is a nonconforming commercial use. Srrvin;; Florida Local Govern nxnis Sind 1988 Staff Report Applicant's Name: Rick A. and Bonita B. Lightsey Small Scale Comprehensive Plan Amendment Petition No. 14- 002 -SSA C. History of Land Use Approvals in the Area Up until about 2006, all properties between NE 6th Avenue and Taylor Creek from NE 2nd Street to NE 7th Street were designated Residential on the Future Land Use Map (FLUM) and zoned RSF1, RMF or Holding. Since then, applications for Future Land Use and Zoning changes have been approved for the four properties as shown on the excerpt of the current Future Land Use Map below and described in the text following the map, L l. 1 JL__I I. 1 1 1 1 1 114— �I Nth 43 111111A 111! 7 ■ These changes are briefly described in the following paragraphs: 1. In 2006, B &R Enterprises submitted Application 06- 006 -SSA/R to change the FLUM to Commercial and rezone the property located at 700 NE 4th Street from RSF1 to CLT. We recommended denial based on inconsistency with Compre- hensive Plan and incompatibility with surrounding uses. The Planning Board recommended approval of the Plan change and rezoning to CPO rather than CLT, which change was subsequently adopted by the City Council. 2. In 2008 Application 08- 004 -SSA /R was submitted by David & Anita Nunez to change the FLUM to Commercial and rezone these properties to CHV to allow the development of the Shoppes on the Boardwalk project. We recommended denial based on the request's inconsistency with the Comp Plan, potential adverse affects upon Taylor Creek, and incompatibility with the existing zoning and land use pattern in the area. The Planning Board recommended approval "based on the ability for the City to utilize the water ways to create appropriate business uses north of the Park Street Bridge." The Planning Board also referenced the presence of the contractor's office at 700 NE 4th St. (the subject of the prior referenced approval in 2006). The City Council subsequently adopted the requested changes. Serving Florida Local Governments Since 1988 4 Staff Report Applicant's Name: Rick A. and Bonita B. Lightsey Small Scale Comprehensive Plan Amendment Petition No. 14- 002 -SSA 3. Application 10- 002 -SSA /R was submitted by David and Anita Nunez to change the FLUM to Commercial and rezone the property to CHV to allow provision of parking for the Shoppes on the Boardwalk. In 2010, the FLUM and Zoning changes were approved. 4. In 2008, Application 08 -05 -SSA /R was submitted by Jerry Suarez on behalf of David & Anita Nunez to change the FLUM and rezone the property to CHV. We recommended approval of the FLUM change based and conditioned on recognition that the Planning Board and City Council has already expressed a positive attitude towards the approval of what would later be Application 10-002 - SSA/R, which was delayed due to technical difficulties in the legal ability to file the application at an earlier date. During the Planning Board's public hearing for this change it was stated that the "fish house ", which occupied the easternmost part of the subject property, had long presented a problem in terms of compatibility with surrounding future land use and zoning patterns; and, that the proposed change would ultimately eliminate that nonconforming use. Recognizing this, we stated "we believe that the requested change could be considered com- patible with the surrounding area if, in the opinion of the City Council, it is in the best interest of the City to promote commercial development northward from SR 70 in an effort to foster the replacement of long -term nonconforming commercial influences that inhibit redevelopment within the surrounding area." However, we recommended that rezoning the property to CLT rather than CHV to limit the intensity of allowable uses and to minimize the potential impacts upon nearby properties. The FLUM change was approved and the property was rezoned to CLT. We fully expected that, given this change, cohesive commercial development of the area north of SR 70 will have been achieved and that further expansion northward along Taylor Creek and into the residentially designated lands to the north and west would neither be necessary nor appropriate. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Rick A. and Bonita B. Lightsey Small Scale Comprehensive Plan Amendment Petition No. 14- 002 -SSA D. Current Development Potential Under the present Single- Family designation on the FLUM and the RSF1 zoning, up to 10 single - family homes could be developed on the property. E. Development Potential as Commercial The maximum FAR permissible under the Comprehensive Plan is 3.00. Given the fact that the CHV zoning district limits coverage to 50% and height to 45 feet (four stories), FAR is limited to about 2.00 unless a special exception to height is granted. However, an FAR of even 2.00 is greater than that which could practically be achieved when parking, drainage, and other development requirements are considered. Commercial development in Okeechobee is much more likely to run in the range of an FAR of 0.25 to 0.50. For example, the shopping center at SR 70 and SE 8th Avenue is on about 5.5 acres and probably has about 60,000 square foot of net floor area. This represents an FAR of about 0.25 which would indicate a development potential most likely in the area of 28,000 square feet. If developed with two -story structures, this would indicate about 56,000 square feet of commercial floor area. A. Consistency with the Comprehensive Plan and Compatibility with Adjacent Uses. The intent of the Future Land Use Element and Future Land Use Map is to manage future growth. A Goal of the City, as set forth on page 1 of the Future Land Use Element, is to "...maintain a high quality living environment, preserve its distinctive natural and historic resources, and provide public services to its residents at a minimum cost." Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property ... ". Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. Serving Florida Local Governments Since 1988 Staff Report Applicant's Name: Rick A. and Bonita B. Lightsey Small Scale Comprehensive Plan Amendment Petition No. 14- 002 -SSA We recognize that portions of the subject property have long been used for commercial use and that there is a sizeable commercial structure located on the lot immediately east of the right -of -way of unimproved NE 7th Avenue. We also agree that the 100 -foot right -of -way of NE 4th Street right -of -way might be considered a buffer to the residential zoning and uses to the north. Nevertheless, the request constitutes an encroachment of commercial use into a residential area. We are seriously concerned over the push to extend commercial use westward of NE 7th Avenue. Except for the CPO zoning granted in 2006, all Future Land Use designations, zoning, and existing uses in the block between NE 6th an 7th Avenues from NE 2nd Street to NE 7th Street are residential. We believe approval of the request to change the Future Land Use designation for the properties indentified as 1, 2, and 7 in the Application is particularly ill advised and is a continued encroachment into what is almost exclusively a residential area and is therefore incompatible with the Compre- hensive Plan and the character of the area. B. Adequacy of Public Facilities Potable Water and Wastewater We have not had the opportunity to confirm whether or not there is adequate sewer and water infrastructure, either in treatment capacity or adequately sized sewer and water lines in the immediate vicinity to serve intense commercial uses in the area covered by the requested FLUM amendment and rezoning. The Applicant should provide a letter from the Okeechobee Utility Authority (OUA) confirming the adequacy of treatment capacity and distribution lines to serve potential intensity of development on the property and describing any improvements that would be necessary. 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 ". Both SR 70 and US 441 are operating at LOS "F ", the lowest LOS rating and far below the adopted LOSS of "C ". Based on traffic analyses for other commercial developments approved in recent years, it is safe to say that the level of traffic likely to be generated by commercial development on the subject property would impact SR 70 or US 441 to only an insignificant degree. However, the potential traffic associated with 56,000 square feet of commercial development will certainly have an impact upon local roads in the area. Commercial traffic generation varies greatly depending on the specific use and a wide variety of uses are allowed in the Commercial Future Land Use Category, particularly on lands that would be zoned CHV, or even the CLT. For comparison purposes, using the traffic generation factors contained in the ITE 8th Edition of "Traffic Generation" the following levels of traffic in the "peak hour" could be expected for single - family and common commercial uses. Serving Florida Local Governments Singe 1988 Staff Report Applicant's Name: Rick A. and Bonita B. Lightsey Small Scale Comprehensive Plan Amendment Petition No. 14- 002 -SSA Each of the following represents uses of varying levels of intensity allowed in the Commercial Land Use Category based on 56,000 square feet of floor area: Peak hour traffic: office space @ 1.49 trips /1,000 sf = 83 trips. Peak hour traffic: specialty retail @ 2.71 trips /1,000 sf = 152 trips. Peak hour traffic: medical office @ 3.46 trips /1,000 sf = 194 trips. By contrast, under the current Single - Family Future Land Use designation, 10 single - family homes could be expected to generate about 10 trips during the peak hour. Most of the properties for which the Future Land Use change is requested would be accessed from NE 4th Street. Since we believe it is unlikely that NE 7th Avenue will be built to connect to NE 4th Street across the "large City ditch ", traffic to and from all new commercial development fronting on NE 4th Street will have to use NE 6th Avenue, which is a residential roadway. 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. C. Environmental Impacts The Applicant has stated that since the properties have been in urban usage for many years, it contains no environmentally sensitive areas, valuable habitat or other physical attributes that would limit development as a result of environmental concerns. We have no information to the contrary. D. Other considerations While the acreage involved in the requested Small Plan Amendment is not great, the amount of commercially designated land in the City is already sizeable, about 358 acres, representing almost 18% of the land in the City exclusive of rights -of -way. Typically, between 5% and 10% of a community's land are is designated for commercial uses. We recognize that as the Okeechobee County's central city, one would expect Okeechobee to have a somewhat higher percentage of its land area devoted to commercial than is typically the case among other municipalities. However, there is already considerable vacant commercially designated land in the community to Serving F10ri(1:1 Luca) Gmernmenis Since 1988 Staff Report Applicant's Name: Rick A. and Bonita B. Lightsey Small Scale Comprehensive Plan Amendment Petition No. 14 -002 -SSA accommodate commercial need, particularly along SR 70. Further, we should be aware that one of the reason's Okeechobee has as much commercial land use as it already has is that it is at the crossroads of two major highways which serve needs well beyond those of the local population. The location of the subject properties is such that it is not visible to the travelling public and is not readily accessible due to the limitations of the road system and surrounding uses. It is our understanding that the commercial development located just south of the subject property, and approved in 2008 and later, has experienced a variety of problems. The subject property is even further removed from the SR 70 Corridor where commercial uses would normally be expected to locate. Recommerlc(ation. Based on the Staff's foregoing analysis finding that: 1. the request is not consistent with the Comprehensive Plan by virtue of its incom- patibility with nearby and surrounding lands and encroachment of commercial use into residential areas; 2 the adequacy of public utilities in the immediate area is questionable; 3. there is adequate vacant land in the general vicinity of SR 70 to accommodate the demand for commercial use; and 4. the proposal's dependence upon a residential roadway to accommodate a potentially significant increase in commercial traffic. Therefore, we recommend denial of the Applicant's request to amend the Future Land Use Map from Single - Family to Commercial. Submitted by: Wm. F. Brisson, AICP Planning Consultant October 8, 2014 Planning Board Hearing: October 16, 2014 City Council Public Hearing: November 18, 2014 Attachments: Future Land Use Map Zoning Map Aerial photograph with existing land uses II Governments Since 1988 Staff Report Applicant's Name: Rick A. and Bonita B. Lightsey Small Scale Comprehensive Plan Amendment Petition No. 14- 002 -SSA FUTURE LAND USE SUBJECT SITE AND ENVIRONS COMPREHENSIVE PLAN LANG USE :NGLE - MULTI =AM i all COMA RCIA.L NI INDUS RIAL PUBLIC FACILITIES RES C•E'ITIALMI:XEDUaE Serving Fk,rid Local Governments Since 1988 NE 10 Staff Report Applicant's Name: Rick A. and Bonita B. Lightsey Small Scale Comprehensive Plan Amendment Petition No. 14- 002 -SSA ZONING SUBJECT SITE AND ENVIRONS "ZONING - !: .BD - C OM "/ BI. SINES S DISTRICT . CHV - HEA' : COMMERCIAL CL7 -LIGHT OMMERCIAL CPO - COM I ROFESSIONAL OFFICE H - HOLDING. IND - INDL.S IAL PUB - Pi IBLI FACILITIES PUD -M IXED PUD -R RMF RESIDE TIAL MULTIFAMILY RMH - RESIDItNTLAL MOBILE HOME RSF I - RESIDENTIAL SINGLE FAMILY RSF2 - RESIDENTIAL SINGLE FAMILY l2 Serving Flori I Local Governments Since 1988 11 • Staff Report Applicant's Name: Rick A. and Bonita B. Lightsey Small Scale Comprehensive Plan Amendment Petition No. 14-002-SSA EXISTING LAND USE SUBJECT SITE AND ENVIRONS Serving Florid' Local Governments Since 1988 12 INDEPENDENT NEWSMEDIA INC. USA Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863- 763 -3134 STATE OF FLOI COUNTY OF 0 IDA .EECHOBEE Before the undersigned authority personally appeared Katrina Elsken, who on oath says she is the Publisher of the Okeechobee News, a three times a week Newspaper published at Okeechobee, in Okeechobee County, Florida, that the attached copy of t advertisement being a ' it .47J (1'Z(.^-4,1 in the matter of in the 19th Judic'al District of the Circuit Court of Okeechobee County, Florida, as published in said newspaper in the issues of Affiant furt . newspaper publi Florida, and tha continuously in er says that the said Okeechobee News is a ed at Okeechobee, in said Okeechobee County, said newspaper has heretofore been published id 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 advertisemen and afliant further says that she has neither paid nor promis any person, firm or corporation any discount, rebate, commiss n or refund for the purpose of securing this advertisement fo publication in the said newspaper. C/ ■/( 1 i Sworn to ands bscribed b fore me this %q day of C j,� _ AD Notary Public, State of Florid at Large P .) d ( fs r( Katrina Elsken ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 o' Bonded Thru Notary Public Underwriters CORRECTED PUBLIC NOTICE FUTURE LAND USE CHANGE PROPOSED CITY ORDINANCE NOTICE IS HEREBY GIVEN that the Gty Council of the City of Okeecho- bee, will conduct a Public Hearing on Tues, Jan 20, 2015, at 6 PM, or as soon thereafter possible, at City Hall, 55 SE 3rd Ave, Okeechobee, FL, to consider final reading for adoption of the following Ordinance Into law: No. 1117: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA AMENDING THE CITY OF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICU- LARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) RESIDEN- TIAL TO COMMERCIAL (C); PROVIDING FOR INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COM- PREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The Ordinance is regarding Small Scale Comprehensive Plan Future Land Use Map Amendment Application No. 14- 002 -SSA, submitted by property owners, Rick and Bonita Lightsey to change the Future Land Use classifica- tion from SF to C, on approximately 2.6 acres, located at 502 NE 6th Ave- nue. The proposed change is to allow for commercial development. CORRECTED LEGAL: Lots 1 to 3 and 10 to 12 of Block 117; and Lots 1 to 6 of Block 116, City of Okeechobee, according to the plat thereof, as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida; together with a parcel of land lying in Section 15, Township 37 South, Range 35 East, Okeechobee County, Florida, being more particularly described as follows: Com- mencing at the Southeast corner of Block 115 Okeechobee, ac- cording to the plat thereof recorded In Plat Book 5, Page 5, Public Records of Okeechobee County Florida and the Northwest corner of Parcel 4 of Plat No. 1 of Taylor Creek Watershed as recorded in Plat Book 3, Page 29, Public Records of Okeechobee County, Flori- da; thence run South along the West boundary of said Parcel 4 to the intersection with the centerline of NE 4th Street for a Point of Beginning; thence continue South, along the Western boundary of said Parcel 4 and the East boundary of Block 116 of said plat of Okeechobee, to the intersection with the centerline of the 15 foot alleyway in said Block 116; thence run East, along the centerline of said alleyway extended East, to the Western shore line of Taylor Creek; thence run Northerly, along said Western shore line of Tay- lor Creek, to the intersection with the centerline of NE 4th Street extended East; thence run West, along said extended centerline, to the Point of Beginning; and commencing at the Southeast comer of Lot 1 of Block 116, Okeechobee, according to the Plat thereof recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida, thence run South and running along the Western Boundary of Parcel 4 according to Plat No. 1 of Taylor Creek Wa- tershed as recorded in Plat Book 3, Page 29, Public Records of Okeechobee County, Florida, to the centerline of the 15 foot alley- way in said Block 116, and the Point of Beginning; thence continue South, along the Western Boundary of said Parcel 4 and the East Boundary of said Block 116, to the Southeast comer of Lot 12 of said Block 116 and also being the Northwest corner of Parcel 3 of said Plat No. 1 of Taylor Creek Watershed; thence run Southwest- erly, along the Western Boundary of said Parcel 3, to the centerline of Northeast 3rd Street; thence run East, along said centerline of said Northeast 3rd Street Extended East, to the Western Shore Line of Taylor Creek; Thence Run Northerly, along Said Western shore line of Taylor Creek, to the intersection with the centerline of said 15 foot alleyway extended East; thence run West, along the centerline of said alleyway extended, to the Point of Beginning. All members of the public are encouraged to attend and participate in said Hearing. The proposed ordinance may be inspected in its entirety by mem- bers of the public at the Office of the City Clerk during normal business hours, Mon -Fri, 8:00 AM -4:30 PM, except for holidays. ANY PERSON DECIDING TO APPEAL any decision made by the City Council with respect to any matter considered at this meeting will need to ensure a verbatim record of the proceeding is made and the record includes the testimony and evidence upon which the appeal will be based. In accor- dance with the Americans with Disabilities Act (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par - ticlpate 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 Rem on the agenda; a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. By: Mayor James E. kirk City Clerk Lane Gamlotea, CMC 469263 ON 1 18 2015 _ _ Exhibit 2 Jan 20, 2015 ORDINANCE NO. 1118 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 SINGLE FAMILY -ONE, COMMERCIAL PROFESSIONAL OFFICE AND HOLDING TO LIGHT 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, Rick and Bonita Lightsey, property owner(s), has heretofore filed Petition No. 14- 002 -R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 3.069 acres from Residential Single Family -One (RSF -1), Commercial Professional Office (CPO) and Holding (H) to Light Commercial (CLT) Zoning Districts, 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 October 16, 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 3.069 acres, as the subject property, located in the City of Okeechobee, to -wit: PARCEL NO. 1: LOTS 1 TO 6 OF BLOCK 116, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND PARCEL NO. 2: LOTS 1 TO 3, AND 10 TO 12 OF BLOCK 117; CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; AND PARCEL NO. 3: LOTS 4 TO 6, OF BLOCK 117; CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; TOGETHER WITH PARCEL NO. 4: A TRACT OF LAND LYING IN SECTION 15, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE Ordinance No. 1118 - Page 1 of 3 SOUTHEAST CORNER OF BLOCK 115, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, AND THE NORTHWEST CORNER OF PARCEL 4 OF PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH ALONG THE WEST BOUNDARY OF SAID PARCEL 4 TO THE INTERSECTION WITH THE CENTERLINE OF NE 4T" STREET (FORMERLY TENTH AVENUE) FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF BLOCK 116 OF SAID PLAT OF OKEECHOBEE, TO THE INTERSECTION WITH THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116; THENCE RUN EAST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF NE 4T" STREET (FORMERLY TENTH AVENUE) EXTENDED EAST; THENCE RUN WEST, ALONG SAID EXTENDED CENTERLINE, TO THE POINT OF BEGINNING; AND COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 OF BLOCK 116, OKEECHOBEE, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, THENCE RUN SOUTH AND RUNNING ALONG THE WESTERN BOUNDARY OF PARCEL 4 ACCORDING TO PLAT NO. 1 OF TAYLOR CREEK WATERSHED AS RECORDED IN PLAT BOOK 3, PAGE 29, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, TO THE CENTERLINE OF THE 15 FOOT ALLEYWAY IN SAID BLOCK 116, AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 4 AND THE EAST BOUNDARY OF SAID BLOCK 116, TO THE SOUTHEAST CORNER OF LOT 12 OF SAID BLOCK 116 AND ALSO BEING THE NORTHWEST CORNER OF PARCEL 3 OF SAID PLAT NO. 1 OF TAYLOR CREEK WATERSHED; THENCE RUN SOUTHWESTERLY, ALONG THE WESTERN BOUNDARY OF SAID PARCEL 3, TO THE CENTERLINE OF NORTHEAST 3RD STREET (FORMERLY NINTH STREET); THENCE RUN EAST, ALONG SAID CENTERLINE OF SAID NORTHEAST 3R0 STREET (FORMERLY NINTH STREET) EXTENDED EAST, TO THE WESTERN SHORE LINE OF TAYLOR CREEK; THENCE RUN NORTHERLY, ALONG SAID WESTERN SHORE LINE OF TAYLOR CREEK, TO THE INTERSECTION WITH THE CENTERLINE OF SAID 15 FOOT ALLEYWAY EXTENDED EAST; THENCE RUN WEST, ALONG THE CENTERLINE OF SAID ALLEYWAY EXTENDED, TO THE POINT OF BEGINNING. SECTION 2: ZONING MAP AMENDMENT. That the aforesaid Revised Zoning Map of the City of Okeechobee be amended to reflect the subject properties to be changed as follows: Parcels No. 1 and 2, whose legal is stated in Section 1, is to be rezoned from Residential Single Family -One (RSF -1) to Light Commercial (CLT). Parcel No. 3, whose legal is stated in Section 1, is to be rezoned from Commercial Professional Office (CPO) to Light Commercial (CLT). Parcel No. 4, whose legal is stated in Section 1, is to be rezoned from Holding (H) to Light Commercial (CLT). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. Ordinance No. 1118- Page 2 of 3 SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty -one (31) days after its adoption if the associated Comprehensive Plan Amendment (14- 002 -SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 20"' day of January, 2015. ATTEST: Lane Gamiotea, CMC, City Clerk James E. Kirk, Mayor PASSED AND ADOPTED after Second and Final Public Hearing this 33 day of February, 2015. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1118- Page 3 of 3 OCTOBER 16, 2014 - PLANNING BOARD - PAGE 8 OF 13 V. PUBLIC HEARING CONTINUED. QUASI-JUDICIAL ITEM: B. Petition No. 14 -002 -R submitted by property owners, Rick and Bonita Lightsey requesting to rezone from Residential Single Family -One, Commercial Professional Office and Holding to Heavy Commercial for Lots 1 to 6 of Block 116, Lots 1 to 6 and 10 to 12 of Block 117, City of Okeechobee subdivision, and an unplatted 0.490 acre parcel, all located in the 600 and 700 blocks between NE 341 & 4th Streets (Exhibit 2) 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14 -002 -R will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. 3. Hear from the Property Owner or designee /agent. 4. Public comments or questions from those in attendance, or submitted to the Board Secretary. ..ACTION DISCUSSI0.:1/OTE:' Rezoning Petition No. 14 -002 -R was submitted by property owners, Rick and Bonita Lightsey, which requests a rezoning for Lots 1 to 6 of Block 116, Lots 1 to 3 and 10 to 12 of Block 117, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, from RSF -1 to Heavy Commercial (CHV), Lots 4 to 6 of Block 117, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, from CPO to CHV, and an unplatted 0.490 acre parcel from Holding to CHV, all located in the 600 and 700 blocks between Northeast 3t11 and 4th Streets, and totaling approximately 3.069 acres. There is a related FLUM Application, No. 14 -001 -SSA, that was recommended for approval. This being a quasi-judicial proceeding, as required by law, Notary Public Patty Burnette administered an oath to those intending to offer testimony, all responded affirmatively, and stated theirnames and addresses for the record: Bill Brisson with LaRue Planning and Management of 1375 Jackson Street, Suite 206, Fort Myers, Florida; and Steven L. Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida. Mr. Brisson reviewed the Planning Staff Report materials, and noted the purpose of Rezoning No. 14 -002 -R is to allow construction of a new building for expansion of the current taxidermy shop. Currently the properties contain a remodeled single family home into a contractor's office, and other structures identified by the applicant as being associated with the existing taxidermy business that predates the City LDR's. Surrounding properties between Northeast 6th Avenue and Taylor Creek and from Northeast 2'd to 71h Streets were designated SF on the FLUM and zoned RSF -1, Residential Multiple Family (RMF), or Holding. However, in 2006 several applications for FLUM amendments and Rezonings to CHV were approved. Planning Staff is recommending denial of this Petition. However, since the Board recommended approval of the FLUM No. 14-001-SSA to Commercial, Planning Staff is recommending to approve a Rezoning for Block 117 to CPO (Lots 1-6, 10-12), Block 116 to CLT (Lots 1 -6), the 0.49 acre parcel to CLT, and for the Board to follow up with a LDR Text Amendment to include Taxidermy within the Special Exception Uses for the CLT. Mr. Dobbs, as stated previously, was in attendance on behalf of the applicant, and announced they are requesting to amend Petition No. 14 -002 -R from CHV to CLT. A lengthy discussion followed, the applicant was asked to reconsider and further amend their Petition to CPO for Block 117 and the unplatted 0.490 acre parcel. However, Mr. and Mrs. Lightsey were concerned with the limited uses within CPO, and while they considered the request, they remained with CLT for all properties. Chairperson Hoover asked whether there were any comments or questions from those in attendance. The matter was advertised as a public hearing in the Okeechobee News on September 28 and October 8. Thirty -three letters were mailed to surrounding property owners. On October 1, a sign was posted on all three properties giving notice of the matter. There were no objections received prior to the meeting, nor any stated at this time. .AGENDA: V. PUBLIC HEARING QUASI- JUDICIAL ITEM CONTINUED. B. 5. Disclosure of Ex -Parte Communications' by the Board for Petition No. 14- 002 -R. 6. a) Consideration of a recommendation to the City Council to approve or deny petition. OCTOBER 16, 2014 - PLANNING BOARD - PAGES) OF 13 . ACTION .DISCUSSION VOTE Chairperson Hoover asked Members to disclose for the record any conversations they were privy to regarding this petition, or whether they had visited the site. There were none. The Board is required to review the following conditions prior to making a recommendation. These findings are based on the original request for CHV and Planning Staff's recommendation of denial, to which the Board did not fully agree. The proposed rezoning is inconsistent with the Comprehensive Plan, specifically Policy 2.2 and Objective 12 of the FLU Element. The proposed use being applied for is not specifically authorized under the Zoning district in the LDR's as the Code does not define nor list anywhere the use for taxidermy. The proposed use will have an adverse effect on the public interest due to the intensity allowed in CHV, and the proximity to the residential area. The proposed use is not appropriate for the location, is not reasonably compatible with adjacent land uses, and is contrary or detrimental to urbanizing land use patterns. The existing uses, Zoning and and uses for each property is explained below. Block 117 is comprised of 12 lots, and bound on the North by Northeast 4th Street (an improved paved roadway), on the South by Northeast 3'd Street (an improved paved roadway), on the West by Northeast 61h Avenue (an improved paved roadway), and to the East by Northeast 7'" Avenue (an unimproved roadway). Lots 7 to 9 are not part of the application and will remain RSF -1, FLU is SF with an existing use of a home built in 1950. The subject property within this block now addresses Lots 1 to 3,10 to 12, which are vacant, although there is a dilapidated storage shed on Lots 2 and 3. Lots 4 to 6 are Zoned CPO, FLU is Commercial, with an existing use of an office building. To the North, is Block 114 which is entirely vacant, with a Zoning of RSF -1 and FLU of SF. To the South is Block 146 which has four homes on the north -half, two built in 1959, the other two built in 1960, the Zoning is RSF -1, with FLU as SF. To the East is Block 116, of which the north -half is included within the application, the south -half has a Zoning of CLT, FLU of Commercial and there is an existing office building. This property is also the sight of the former Lightsey Fish House Market. To the West is Block 118 with a Zoning of RSF -1 and FLU of SF. The south -half has two homes, one built in 1959, the other in 1960, the north - half is vacant and the former location of Watford Trucking, Inc. Block 116 is comprised of 12 lots, bound North and South by the same streets as Block 117 noted above. The unimproved roadway of Northeast 7" Avenue is the drive used to access the Lightsey's facilities and should it be improved, would run between Blocks 116 and 117. There is not a roadway to the East of this block, but an unplatted parcel created after the abandoning of Riverside Drive. Lots 7 to 12 are not part of the application, they have a Zoning of CLT, FLU classification of Commercial, with an existing use of an office building (formerly Lighstey's Fish Market). The subject property within this block addresses Lots 1 to 6, with 1 being vacant, a residence built in 1951 is on Lots 2 and 3; and Lots 4 to 6 have several structures that include a 10,209- square foot warehouse built in 1964, a 988 - square foot cooler re -built in 2012, and a 930 - square foot building re- modeled in 1999, with two accessory use type structures both being 20 -feet by 12 -feet. r OCTOBER 16, 2014 - PLANNING BOARD - PAGE 10 OF 13 ACTION ',`RISCUSSIQN VOTEt V. PUBLIC HEARING CONTINUED. B. 6. a) Consideration of a recommendation to the City Council to approve or deny Petition No. 14 -002 -R continued b) Board discussion. This is the main area used for the taxidermy business. To the North, is Block 115 which has a residence on it built in 1979, with a Zoning of RSF -1 and FLU of SF. To the South is Block 147 of which the north -half is Zoned CLT, FLU as Commercial, and is a large parking lot used to serve the Nunez's multi -acre commercial development. To the East, 0.490 acres, and West, Block 117, are properties included with this application. The final piece of the subject property is an unplatted 0.490 acre parcel with a Zoning of Holding, FLU of SF and is vacant. To the North is another vacant unplatted parcel with RSF -1 Zoning and FLU of SF. To the South is an unplatted vacant parcel with a Zoning of CLT, and FLU of Commercial. To the East is Taylor Creek. To the West is Block 116 which is included with this application. 5. The proposed use will adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Although, the applicant challenges that this is not correct as the use has been on the same property for many years, and whether there were any impacts they would have already been realized. 6. The proposed use could be suitable buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood. However, there does not appear to be any significant bufferfor the residence within Block 117. Cconcem of the lack of buffering that could be done for the increased traffic was also noted. 7. In regards to creating a density pattern that would overburden public facilities such as schools, streets, and utility services, Planning Staff found that while density is not a factor associated with commercial use, intensity is, with potential increased traffic to Northeast 61h Avenue. 8. Addressing whether the proposed use would not create traffic congestion, flooding or drainage problems, or otherwise affect public safety, the specifics of these items would be addressed by the TRC during site plan review. The assumption is traffic congestion would be created by the proposed use. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. Motion and second by Members Burroughs and Baughman, based on Planning Staff's findings, additional information provided by the applicants, including their agreement to amend the requested Zoning District, to recommend the City Council approve Petition No. 14-002-R, Rezoning Lots 1 to 6 of Block 116, Lots 1 to 6 and 10 to 12 of Block 117, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, and an unplatted 0.490 acre parcel to CLT. Chairperson Hoover asked whether there was any further discussion. Member Baughman commented, the Board can only conclude the surrounding owners are acceptance of the Petition since no one voiced objections, comments, or concerns. Members Brass and McCreary noted their objections to rezoning property along Taylor Creek to commercial, as well as the continued encroachment in a residential area. The consensus of the Board and Planning Staff was to follow up with reviewing a recommendation to amend the LDR's, by adding a definition for taxidermy and what Zoning Districts the use should be permitted within. AGENDA, V. PUBLIC HEARING CONTINUED. B. 6. c) Vote on motion for Petition No. 14-002-R. QUASI- JUDICIAL ITEM: C. Petition No. 14- 007 -SE, submitted by Sonic, Inc., on behalf of property owner, Okeeland, LLC, to allow a drive - through service within a Heavy Commercial Zoning District, (Ref. Sec. 90 -283 (1)), for Lots 4 to 9 of Block 150, City of Okeechobee, and located at 501 NE Park Street, containing approximately .976 acres. The proposed use is for a Drive- Through Sonic Restaurant (Exhibit 3). 1. Administer of Oath (anyone intending to offer testimony on Petition No. 14- 007 -SE will be required to take an oath, respond, and give your full name and address). 2. Hear from Planning Staff. OCTOBER 16, 2014 - PLANNING BOARD • PAGE 1-1 of 13 ACTION DISCUSSION - VOTE -, VOTE HOOVER • YEA MCCREARY -NO BURROUGHS -YEA RITTER - YEA BAUGHMAN•YEA BRASS• No McCoy -YEA CREASMAN • NIA MOTION CARRIED. The recommendation will be forwarded to the City Council for consideration at a Public Hearing, tentatively scheduled for December 16, 2014, 6:00 p.m. Special Exception Petition No. 14- 007 -SE was submitted by Mr. John Budd, Vice President of Sonic, Inc., on behalf of property owner, Okeeland, LLC, to allow a Drive - Through Service within a CHV Zoning District as provided by Code of Ordinances Section 90 -283 (1), for Lots 4 to 9 of Block 150, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records. The property is located at 501 East North Park Street, containing approximately 0.976 acres. The proposed use is for a Sonic Restaurant. This being a quasi - judicial proceeding, as required by law, Notary Public Patty Bumette administered an oath to those intending to offer testimony, all responded affirmatively, and stated their names and addresses for the record: Bill Brisson, with LaRue Planning and Management of 1375 Jackson Street, Suite 206, Fort Myers, Florida; Steven L. Dobbs, P.E. with SLD Engineering of 1062 Jakes Way, Okeechobee, Florida; and Ms. Kimberly Ferrell of 200 Northeast 5th Avenue, Okeechobee, Florida. Chairperson Hoover yielded the floor to Planner Brisson who reviewed the details of the Petition, Planning Staffs recommendation for approval, and responses to the applicant's presentation on Consistency with the LDR's Der Code of Ordinances Section 70.3731b: (1) The proposed location and site are appropriate for the use as the property is located within the commercial corridor. (2) No specific design efforts are needed except that the location of any area where loudspeakers are used for taking orders or playing music should be located away from the residential areas. The preliminary site plan shows that the rear parking area is almost 90 -feet from the North property line and the drive - through order location is another 50 -feet further South. When the 70 -foot right -of -way is added, the closest residence is over 200 -feet from any point of significant activity on the site. (3) Landscaping techniques to visually screen the use from adjacent uses is not necessary as there are commercial type uses to the East and West. The residential area is separated as stated previously by an undeveloped right -of -way. (4) There should not be impacts of any potential hazards, problems, or public nuisance generated by the restaurant as previously noted, the physical locations of the structure will reduce or eliminate any potential impacts. (5) Utilities appear to be adequate and should not result in more than an incremental demand. ..•ry V• V.., General Se Exhibit 2 55 S.E. 3rd i Okeechobc Phone: (863) 763 -3372, ext. 218 Fax: (863) 763 -1686 vaI.c. r-eLLIOn IVO. :'-r - cui.^( -(1 ^C/'� Fee Paid: %%r� nn (�1j, l.1 AA`Jurisdiction: pB t• 1St Hearing: 10-1(0- lLj ? 2 "d Hearing: 11I- (g -1c( e 1 ,3_ite..rci Publication Dates: Notices Mailed: 1 0 1 1 1 1 1 4 - Rezone, Special Exception and Variance APPLICANT INFORMATION 1 Name of property owner(s): Rick A. and Bonita B. Lightsey 2 Owner mailing address: 502 NE 6th Avenue, Okeechobee, FL 34972 3 Name of applicant(s) if other than owner 4 Applicant mailing address: E -mail address: bebe- lightsey @comcast.net 5 Name of contact person (state relationship): Bonita Bunny Lightsey (owner) 6 7 Contact person daytime phone(s): 863- 634 -7272 PROPERTY INFORMATION • Property address /directions to property: -350-NE-7411-Avenue 1 C) 0 �{ E 4Fh 4,,� . 8 Describe current use of property: Taxidermy Shop 9 Describe improvements on property (number/type buildin s, dwelling units , occupied or vacant, etc. 160' x 100' Metal Building 10' x 12' Storage Shed 40' x 40' Shed 30' x 40' Concrete Building Source of potable water: OUA Method of sewage disposal: Septic 10 Approx. acreage: 2.6 Acres Is property in a platted subdivision? City of Okeechobee 11 Is there a use on the property that is or was in violation of a city or county ordinance? If so, describe: No - property has always been commercial. It was "grandfathered" in Commercial. 12 Is a pending sale of the property subject to this application being granted? No 13 Describe uses on adjoining property to the North: North: Single Family, Residential and Yo-e0-:1- East:Trailer Park Ta-<< ion• Or k South: Commercial (Office Building) West: -Commercial-Office Building \I .c .rrt i. ac IESI:.ie: ^''- -` y ca.' - pc'rct.tc 1--mail. 14 Existing zoning: RSF Future Land Use classification:RSF 15 Have there been any prior rezoning, property? (X )No ( )Yes. If special exception, variance, or site plan approvals on the yes provide date, petition number and nature of approval. 16 Request is for: (X ) Rezone ( ) Special Exception ( ) Variance it Parcel Identification Number:3-15- 37 -35- 0010 - 01170 - 0010, 3- 15 -37 -35 -0010 -01170 -0100 �� 17 - -t -• -- ... ....+ vv-ry ' v vi -vy -VV lu -V 1 IVV -VVGV • 3-15-37-35-0010-01160-001$ 3- 15- 37 -35- 0010- 0.0010 -001+ and 3- 15 -37 -35 -0010- 01170 -0040 (Rev 09/14) Page 1 of 11 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature izzsivo Printed Name Date ono 4a ) 1� �`O fSP 94//v For questions relating to this application packet, call General Services Dept. at (863) -763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 REQUIRED ATTACHMENTS 18 Applicant's statement of interest in property: ON i'\ v r'o rerI -W.4; 19 Non - refundable application fee: Rezoning: $850 plus $30 /acre; Special Exception: $500 plus $30 /acre; Variance: $500 Note: Resolution No. 98 -11 Schedule of Land Development Regulation Fees and Charges B When the cost for advertising publishing and mailing notices of public hearings exceeds the established fee, or when a professional consultant is hired to advise the city on the application, the applicant shall pay the actual costs. 20 Last recorded warranty deed: 21 Notarized letter of consent from property owner (if applicant is different from property owner) 22 Three property surveys (one no larger than 11x17) 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 Appraiser's Office (attached) 24 Affidavit attesting to completeness and correctness of the list (attached) 25 Completed specific application and checklist sheet for each request checked in line 15 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the denial of this application. Signature izzsivo Printed Name Date ono 4a ) 1� �`O fSP 94//v For questions relating to this application packet, call General Services Dept. at (863) -763 -3372, Ext. 218 (Rev 09/14) Page 2 of 11 Staff Report Rezoning Prepared for: The City of Okeechobee Applicant: Rick A. and Bonita B. Lightsey Petition No.: 14-002-R :11J±ii Planning & Management Services, Inc. 1375 Jackson Street, Suite 2O6 Fort NI yCES, Florida 239-334-3366 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R •GO:60a t ; tnfo rmatttei Owner /Applicant Rick A. and Bonita B. Lightsey 502 NE 6th Avenue Okeechobee, FL 34972 700 NE 4th Street and adjacent properties Site Address to the east and west and the lot at the SE corner of SE 4th St. and SE 6th Av. (see attachments at end of this Staff Report) Contact Person Bonita B. Lightsey Contact Phone Number 863 - 634 -7272 Contact Email Address Bebe- Iightsey @comcast.net Future Land Use Map Classification Zoning District Use of Property Acreage Existing Proposed Single Family Residential except lot at SE corner of Commercial SE 4th St. & 6th Av., which is Commercial RSF1 except for parcel bordering Taylor Creek, which is "Holding" and lot CHV at SE corner of SE 4th St. & 6th Av., which is CPO Taxidermy and vacant, except for lot at SE corner of SE 4th St: & Commercial uses 6th Av., which is a contractor's office. 3.069 acres 3.069 Acres Serving Florida Local Covernmenls Since 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Legal Des dripitrori df,Sti bre:CtiErecfp0, 5 J iki r i V Parcel Identification Numbers 3- 15- 37 -35- 0010 - 01170 -0020, 3- 15- 37 -35- 0010 - 01170 -0010, 3- 15- 37 -35- 0010 - 01160 -0040, 3- 15- 37 -35- 0010 - 01160 -0020, 3- 15- 37 -35- 0010 - 01160 -0010, 3-15-37-35-0010-01160-001D, 3- 15- 37 -35- 0010 - 01170 -0100, 3- 15- 37 -35- 0010 - 01170 -0040 Legal Description: :E.343E3CE1T "A., Two parcels of land lying in Soctiota .15, Townslalp 37 South, .Manse 35 East, Colcaophoboie County Florida,'boitzg morn partiatilaily dcscribcd as follows: coznmcancittg nt thoSoutheast coraer of $1occ . 1 15. 0KEEC30SEE, accorcing o the plat thoroof.zecoccical in Plat Book '5, Palo 5. public re:cards of 434ceoe0y6bce CoauitY, Viorida. wid ,tho 1STortlzwcst coriacc of Paiccl 4 of ,PLAT NO. 1 t3F :TAYLOR Cl2.aux< WATER 1FjLU as. tncor.cled in .Plat . 33ook :3„ Page 29„ public records f .OAcceolobeo County.'.1lorida, ..th uco .ran :Stadia .along 'Cho Wont bow.dury of said .Parcel 4 .:to.. 4.16.0 .intcrsaction with , the•ccttcaliaae stcrt .(forncrly 1•enth ►vOw,) For aP'OZPtr.r •�F PrEG1NNING tha -saco. conthnues': Sou iu. 'alo,'ng' trio ''Wostecos bsougiduzy of natd. Par.,-;al .: . 1.104' thin :Last bortctditiy of;Bloctc 116 of quid iahatof.,OYC ECH h. o3 tan .tho' a-r won vyith the cemtetiht ,Cir thzp 15 J,foot alle yway. zn sand 131och 116; . -t t nnn run East, aloiag *ha ccatorllzze or :laid all • 3 t iaYlcd East, to tho • Wcstorn bisoro lime of raylo* sCttcic; ,Bonne run 1ortb. rly,'((�� FF d q!csterin'.aboro',lino of3to1or:Cne61r.„ to ibo'.i tciainntioo with 11ao: ccotorlittea of 1.1' • c , AvGnuo) a ctondocl Booms thooco raa :Whist. aong said 0ictzdext • cr. 1 o :O OT 16EC31EN1`411`40. • ,coorrussoocius ' t 1 of 131ockc .1 16 O1G3ECF1 3U3I3, zccordiug to:he phat tttoreof r o on:Lad P age 5, pablxo icor:Aida Of Olaerxlsotrec Cons aty l loraela, thoncea run Soutta t►ad zt : Waoytcru bo ofPtsrcci 4 >:accor�chaag to.PLA3'.NO:. 1.OF,'1 riL 311 1°a" Y 29, Public r�ococchs of: O'er a- yil F1E.Y?:;s a. rrcos�cott.r a- :P,lat •Sjze 3.'.7Patg�e tads:. C- ouiatty : 1?londa, : to thn. ccntcrlioc. cple. ova; .13 foot oit'oYoa!aY i.i said Slocfe'116...aad the Y31111a G1F: 13tEt3,11VA1tNC} theatre' Oonetinais calla, along: *kin Westvirn boa . radary ..oaFsaicl pzu�el-4 nudtturs- ,tae -qt tsdtsizcfaryoF.saaicl.Biock �1 6,'to tbin Souttxca at oorctcc';of Lot 12 Or said said.-ok .'1 16 ;wd. also b'oing t' .comor .af .r aa+doi 3 of . •s:ad North . , . 1�7LAT IVO i ; COk? , Ts^iXLQAt . G','[S,�1C. .WA ET R4F1En; ttacrice •rain S0'.tiatlz'woaterly along tho Wester,' boznufary. of aisid Pw -,.u1. 3, io .tho ooutot•11Eib ot'N_E. 3 Stroct (fvrt*1vr13! Ninth - Stunt *henna ':rain S _'' ° . ccntarlina • of . sold /9--3E- 3d treot .(foratc=ly Nq tit . tr t ) ex tc zSod East �to -tno �t t rit, .:alom'itn Or 3axy4or .1c, th ops roa ..IITortborly.' talorag 'anal Wycsteaa ,ahoua? Linn Of Taylor .Cre;ok. to thin intcr-ae�ct► with also conto Aline o1 .0a.11, '' 15. foot alto . .. thin oe:aterliao of YwgY :ructanciccl .East; tlaenare woo. West alo+og thin said aliayway ojctvsidod, to tilts* Y'OE1V'I-•OIF JE3)EG]0[�TNIIVGI_ and, LOTS 4, 5 AND 6, BLOCK 117, CITY OF OKEECHOBEE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA. (Property ID 3- 15- 37 -35- 0010- 01170 -0040) Serving Florida l.uca1 Governments Since 1988 2 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Request, The matter before the Local Planning Agency and City Council is an application to rezone 3.069 acres of property owned by Rick A. and Bonita B. Lightsey (see map below) in the following manner: Parcels 1, 2, 3, 4, 5, and 7, comprising 2.063 acres, from RSF1 to CHV. Parcel 6, comprising 0.490 acres, from "Holding" to CHV Parcel 8, comprising 0.516 acres, from CPO to CHV With the exception of Parcel 8, all of the above properties are also the subject of a Small Scale Comprehensive Plan Amendment to change their designations on the Future Land Use Map (FLUM) from Single - Family to Commercial. Parcel 8 is already designated Commercial on the FLUM and is zoned CPO as the result of amendments approved in 2006. The stated purpose of the rezoning and associated Small Plan Amendment is to allow construction of a new building for expansion of the current Taxidermy shop. - z I _T J L J 1- C.__L.__I _- [±ii; 2 I_3 1 4.151 : ,'-----1 , r 1 [ 1_ 04 J 7 -;-". ' t iNE 3rd St. t ! L__L J [__1_11 _1_j z �j 1_ INN Seraing Florida 1.oca1 Governments Since 1985 70 3 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Adra-aintirtiftireX La:riid)trait po orassi#itAtiq addadI Iitgi.aistiiastA Future Land Use Map Classification North Zoning District Existing Land Use Future Land Use Map Classification East Zoning District Existing Land Use: Future Land Use Map Classification South Zoning District Existing Land Use Future Land Use Map Classification West Zoning District: Existing Land Use: Single - Family RSF1 Single- family residential or vacant Water/Taylor Creek and Commercial Water/Taylor Creek and CLT Water/Taylor Creek and office Single - Family Residential and Commercial RSF1 and CLT Single- family residential and office and vacant land. Single - Family Residential RSF1 Single- family residential and vacant E1C1 <1(flI11C +i e +.. ^l?,rnvg9r�r k ' Irit� :�jr�� ifs' INti' 47GS 4 itJ t alllr t t1 Current Use The property currently contains a contractor's office on property #8 on the foregoing map and what appears to be a single - family home on #5 (This is Parcel 5-37-35 -0010- 01160 -0010 in the Property Appraiser's records and is listed as vacant.) There are also other structures on the subject parcels which the Applicant identifies as being associated with an "existing Taxidermy Shop" that "predates the City's LDRs." This may indeed be the case, but we have been unable to identify any BTR for such a use on the subject property. Be that as it may, we will assume that the existing use is a legal nonconforming commercial use. History of Land Use Approvals in the Area Up until about 2006, all properties between NE 6th Avenue and Taylor Creek from NE 2nd Street to NE 7th Street were designated Residential on the Future Land Use Map (FLUM) and zoned RSF1, RMF or Holding. Since then, applications for Future Land Use and Zoning changes have been approved for the four properties as shown on the excerpt of the current Future Land Use Map below and described in the text following the map. Serving Florida Luca1 Governments Since 1988 4 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R These changes are briefly described in the following paragraphs: 1. In 2006, B &R Enterprises submitted Application 06- 006 -SSA/R to change the FLUM to Commercial and rezone the property located at 700 NE 4th Street from RSF1 to CLT. We recommended denial based on inconsistency with Compre- hensive Plan and incompatibility with surrounding uses. The Planning Board recommended approval of the Plan change and rezoning to CPO rather than CLT, which change was subsequently adopted by the City Council. 2. In 2008 Application 08- 004 -SSA /R was submitted by David & Anita Nunez to change the FLUM to Commercial and rezone these properties to CHV to allow the development of the Shoppes on the Boardwalk project. We recommended denial based on the request's inconsistency with the Comp Plan, potential adverse affects upon Taylor Creek, and incompatibility with the existing zoning and land use pattern in the area. The Planning Board recommended approval "based on the ability for the City to utilize the water ways to create appropriate business uses north of the Park Street Bridge." The Planning Board also referenced the presence of the contractor's office at 700 NE 4th St. (the subject of the prior referenced approval in 2006). The City Council subsequently adopted the requested changes. Serving Florida Local Governments Since 1988 5 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R 3. Application 10- 002 -SSA /R was submitted by David and Anita Nunez to change the FLUM to Commercial and rezone the property to CHV to allow provision of parking for the Shoppes on the Boardwalk. In 2010, the FLUM and Zoning changes were approved. 4. In 2008, Application 08 -05 -SSA /R was submitted by Jerry Suarez on behalf of David & Anita Nunez to change the FLUM and rezone the property to CHV. We recommended approval of the FLUM change based and conditioned on recognition that the Planning Board and City Council has already expressed a positive attitude towards the approval of what would later be Application 10-002 - SSA/R, which was delayed due to technical difficulties in the legal ability to file the application at an earlier date. During the Planning Board's public hearing for this change it was stated that the "fish house ", which occupied the easternmost part of the subject property, had long presented a problem in terms of compatibility with surrounding future land use and zoning patterns; and, that the proposed change would ultimately eliminate that nonconforming use. Recognizing this, we stated: "We believe that the requested change could be considered com- patible with the surrounding area if, in the opinion of the City Council, it is in the best interest of the City to promote commercial development northward from SR 70 in an effort to foster the replacement of long -term nonconforming commercial influences that inhibit redevelopment within the surrounding area." However, we recommended that rezoning the property to CLT rather than CHV to limit the intensity of allowable uses and to minimize the potential impacts upon nearby properties. The FLUM change was approved and the property was rezoned to CLT. We fully expected that, given this change, cohesive commercial development of the area north of SR 70 will have been achieved and that further expansion northward along Taylor Creek and into the residentially designated lands to the north and west would neither be necessary nor appropriate. Serving Florida 1. "ca1 Cuvernmenl+ Since 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R �H- yort�� it J , ,lt S;4a��e6;lci (tiF !,� 1 � € 1, 1. f Tn i l:; 443 .`ii�,xk1 °2�sb 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 have been copied directly from the Application and repeated below. 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "The proposed rezoning is contrary to the current Future Land Use for Residential, however, this rezoning request is not requested to be reviewed until the Future Land Use change to Commercial is completed, then the rezoning request will not be contrary to the Future Land Use Requirements." 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 designations of seven of the eight parcels involved to a Commercial Future Land Use designation. Staff has recommended denial of the requested changes to the Future Land Use Map (FLUM). If the Planning Board agrees with the Staff recommendation, the rezoning request would be inconsistent on its face with the Future Land Use Designation of Single - Family Residential, and the Planning Board should not further consider the rezoning request. If the Planning Board recommends approval of the Small Plan Amendment to amend the Future Land Use designation to Commercial, then the consistency of the rezoning request should then be considered in light of following Policy and Objective in the Comprehensive Plan: Policy 2.2 of the Future Land Use Element recommends that the City protect the use and value of private property ... ". Objective 12 states that the City of Okeechobee shall encourage compatibility with adjacent uses, and curtailment of uses inconsistent with the character and land uses of surrounding areas, and shall discourage urban sprawl. Staff comments to #'s 2 through 8 (following) of the standards required for approval of a rezoning will show that approval of the requested rezoning will neither protect the use and value of private property nor be compatible with adjacent uses and curtail uses inconsistent with the character and uses of surrounding areas. Serving Florid:t i.oc:11 (lovernmenls Since 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The proposed use is to continue to use the property as a Taxidermy Shop which would be allowed as a Craft Studio." Staff Comment: We disagree. A commercial taxidermy shop does not qualify as a Craft Studio as it is defined in Chapter 66 of the City's Code, which reads as follows: "Craft studio means arts, crafts and hobbies, ceramic, glass, photography, picture framing, wood carving, and weaving studios, and includes the sale of articles produced on the premises." Since taxidermy is not defined or listed anywhere in the City's Code, one would have to look to the allowable use that is most similar. In our opinion, a funeral home would be the closest example. This use is allowed as a Special Exception in both the CLT and the CHV Districts. To ensure clarity, if the Planning Board should recommend approval of the Small Plan Amendment and the Rezoning, we would suggest specifically amending the LDC to include "Taxidermy" as a Special Exception use in the CHV and CLT districts. 3. The proposed use will not have an adverse effect on the public interest. "The proposed land use change would have no effect on the public interest as this use has been performed on this property prior to the Land Development Regulations." "Staff Comment: We disagree. First, rezoning to CHV allows many more uses, some of which are more intense than that of "taxidermy ". Secondly, if the taxidermy use or other more intense uses allowable under the CHV, or even the CLT District, were to be expanded into parcels 1, 2, 7, or 8, they would be immediately adjacent to or across the street from single - family Tots. Such uses are not compatible in close proximity to residential uses and would tend to reduce the property values of nearby residentially designated lots, increasing the potential for more future requests to amend the Future Land Use and Zoning designation to commercial. 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. "This use is appropriate for the location and compatible with the adjacent land uses as they are Light Commercial to the south, Commercial Professional Office and Residential to the west, residential to the north which is on the north side of NE 4th Street and a large City ditch, and Taylor Creek to the east. None of the adjacent land uses will be adversely impacted. " LI; rt1■ � Serving Florida 1.oc:,1 Governmeni.s Since 1988 8 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Staff Comment: We strongly disagree. If the property were to be rezoned to CHV, the property immediately to the south, which is now zoned CLT would have every right to request a rezoning to CHV, a request which was originally denied in favor of CLT to inhibit further intense commercial expansion northward. Furthermore, the continued expansion of commercial zoning onto the subject properties will result in other residentially designated properties east of NE 6th Avenue (both to the north and south of the subject properties) being more exposed to the impact of commercial development. Eventually, the owners of these adjacent and nearby properties will request commercial land use and zoning designations as a result of the degraded environment for residential uses. This is the "domino" effect that was started by the changes approved in 2006 and 2008. 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. "As stated previously, the use has been the same on this property for many years and if there were any impact to the factors above, they would have already been realized" Staff Comment: Again, we strongly disagree. The expansion, of the commercial use now on the subject property will be a deterrent to improvement and development of adjacent properties. While we recognize the existence of a nonconforming use on at least part of the subject property, it's impact on the neighbors is now limited by the inability to expand. If the property is rezoned to commercial (particularly CHV) and commercial uses are allowed to expand, the desirability of the residentially zoned properties to the north, east and south will be diminished for single - family use. Further, the properties to the north are even less appropriate for commercial use than the subject property due to their limited visibility and distance from the accepted commercial corridors of the City. 6. The proposed use can be suitably bzrffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood "The property is heavily wooded on all sides of the property, which provides adequate buffering from surrounding uses" Staff Comment: It may be that the 100 foot right -of -way could act as spatial buffer for the residential properties on the north side of NE 4th Street from the onsite commercial activities. However, these properties will not be buffered from the increased commercial traffic on NE 4th Street that will result from the expanded commercial uses allowable. Furthermore, there will be no significant buffer for the residential property at the northeast corner of NE 3rd Street and 6th Avenue, or to the residential properties on the south side of NE 3rd Street. Serving Florida Local Governments Since 1988 9 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Existing properties zoned for residential use should not be required to buffer themselves from an expanded commercial presence on the subject property. 7. The proposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "The use has not created nor will it create a density pattern that would overburden any of the public resources as stated above." Staff Comment: While density is not a factor associated with commercial use, intensity is. The adequacy of available sewer and water lines to serve commercial use on the subject property is questionable as no letter from OUA was included in the Application and we have not had the opportunity to explore this consideration prior to the Public Hearing. In addition, we stated in the Staff Report for the Small Plan Amendment, that we do not consider it appropriate that NE 6th Avenue, a residential street, should be counted on to provide primary access to potentially as many as 83 to 194 peak hour trips that could be generated by a 56,000 square foot commercial development on the property. 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "The use will not create nor have a detrimental impact to the factors stated above. This property is on the encl of a dead end street with a large City ditch to the north and is not planning to change existing drainage patterns, nor impact public safety" Staff Comment: These issues will be addressed during site plan review. For the most part the potential for potential flooding and drainage problems are essentially an engineering consideration and overcoming any difficulties that may arise is a matter of engineering technology and cost. Traffic congestion is another matter. Without a more detailed analysis, we cannot determine whether or not traffic congestion may result. Nevertheless, as previously stated, we do not believe that neither NE 6th Avenue nor nearby residences should be potentially subjected to the possibility of the traffic levels that could be associated with 56,000 square feet of commercial use on the subject property. Serving Florida Local Governments Since 1988 10 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "As stated previously, the use was a non - conforming existing use and this application will bring the use and the FLU and zoning into sync since they are planning to construct a new building and this building is viewed as intensification of the non - conforming use. Staff Comment: We are unaware of any unnecessary restrictions that have inordinately burdened the property. The restrictions that are in place regarding the existing nonconforming use are standard and appropriate. Based on the factors contributing to the Staff recommendation, denial of the request protects the rights of adjacent and nearby residents while allowing the existing nonconforming commercial use to continue but not expand. Serving Florida Local Governmcm+ Since 1988 11 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Recommendation- 1. If the Planning Board recommends denial of the requested Small Plan Amendment to the Comprehensive Plan, then it must also recommend denial of the rezoning request for the properties associated with the Small Plan Amendment. In that case, we would also recommend denial of the request to rezone Property #8 to CHV. 2. On the other hand, if the Planning Board recommends approval of the proposed changes to the Future Land Use Map in whole or in part, then, based on the foregoing analyses we recommend the following: a. b. c. d. Rezone Properties 3, 4, 5, and 6 on the following map to CLT. Rezone Properties 1, 2 and 7 on the following map to CPO. Leave Property #8 zoned CPO. Add "Taxidermy" to the list of Special Exception use in the CLT District. 3. Finally, if the Planning Board recommends CHV for any of the properties, add "Taxidermy" to the list of Special Exception uses in the CHV District. Serving Florida T.ocal Governments Since 1988 12 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R Submitted by: Wm. F. Brisson, AICP Planning Consultant October 8, 2014 Planning Board Hearing: October 16, 2014 City Council Public Hearing: November 18, 2014 Attachments: Future Land Use Map Zoning Map Aerial photograph with existing land uses Serving Floricla Local Governments Since 1988 13 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14-002-R FUTURE LAND USE SUBJECT SITE AND ENVIRONS COMPREHENSIVE PLAN LAND USE i s:r.P3LE - MULT: COL1K1E2:..:1.41- IND JS iAL ! ! =UELIC FACILITIES RES!DE9TIAL MIXED USE 111111._1,1!J=11. Serving Florida 'local Governments Since 1988 14 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14-002-R ZONING SUBJECT SITE AND ENVIRONS ZONING cso coMM SUSINIP.SS OSTRICT - c•oxiLiERcit-i- CLT - LIG ',IT COMMERCIAL CPO - COMM PROFESSIONAL PFIC E H • •71OLDINC4 :ND - IND.LSTRIAL PUELIC FACILITIES F'JO-li Ix PIjc- 013 .P.MF P.ESIDENTIAL MULTIFAMILY FM-- RESIDENTIAL MOE ILE 1.,DME RSF - RESIDENTIAL SINGLE FAMILY RSF2 - P.ESIDENTIAL SINGLE FAMILY 12) 11111L. 15 Serv.ing Florida local Governments Since 1988 Staff Report Rezoning Applicant's Name: Rick A. and Bonita B. Lightsey Petition No. 14 -002 -R EXISTING LAND USE SUBJECT SITE AND ENVIRONS rehouse if WE 4T11 ST ?4F[ 16 Serving Florida Local <7overnment.s Since 1988 Exhibit 3 Jan 29ggAQrl5 CITY OF OICEECHOREE 55 SE THIRD AVENUE OKEECHOBEE, FL 34974 Tele: 863 -763 -3372 ext. 218 Fax: 863- 763 -1686 PARK USE AND /OR TEMPORARY STREET/ SIDEWALK CLOSING PERMIT APPLICATION Date Received: I 112-1- 11.5 Date Issued: Application No: 006 Date(s) of Event: 1 February 7/8, 2015 Information: Organization: 1 Okeechobee Main Street 1 Tax Exempt No: 1 Mailing Address: 55 S. Parrott Ave. Okee, FL. 34972 b' lc +an(s a +.hanca to pail up with a Pail. St tetailci du. . . . .. . The Contact Person: Shade Turgeon E -Mail Address: info @okeechobeemainstreet.org Telephone: Work: 1 863- 357 -6246 1 Home: j 1 Cell: Summary of activities: Top of the Lake Art Fest will include booth, gallery and chalk artists. Artists may decide to be a part of the iuried chow which inriniles rash pri res and ribbons Non juried will not compete hilt will he able to hap_ participate and —sell their pieces. Art Fest will include DJ food and - -of all-kinds. New to the Art Fest is the -taste of Okee-c- hebce. local tat. b' lc +an(s a +.hanca to pail up with a Pail. St tetailci du. . . . .. . The restaurants will also give samplings of their best dish to win the coveted Kbest Taste of Okeechobee" award and bragging rights. This will include a live band and beer garden located next to 1 Stop Party Shop. Proceeds usage: Proceeds for this event will go to the operations and continuing efforts of Okeechobee Main Street to enhance downtown area as the heartbeat of the community. Please check requested Parks: Flagler Parks: o City Hall Park o #1 Memorial Park o #2 tX #3 o #4 o #5 ❑ #6 OR Address of event: Parcel ID: OIcse he 3ov.biccK o-f SvV Par SI-ree-I- hehoe.e.r) S!ti 3rc1 d.nct 4th Flu '1'a'g e 2 of Cts LO.e i 1 a.s /Benue✓ be-:hze'r N S Park sfreiis - TEMPORARY STREET AND SIDEWALK CLOSING INFORMATION (If not using Park(s), provide event address) Street Address City State Zip Code Street(s) to be closed: J 300 block of Park St ;),z..15, ..:t -= - ; >,j: Date(s) to be closed: February 6 2015 -- .Fe br c. at $, aol5 Times) to be closed: 5 PM— 5 Pin Purpose of Closing: To allow set up of artists and artisans as well as stage for Art Fest/Taste events Attachments Required: Charitable Function Temporary Street and Sidewallc Closing 0- Site Plan D Original signatures of all residents, property owners and business owners affected by the closing. Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee as additional insured. 110- Copy of liability insurance in the amount of $1,000,000.00 with the City of Okeechobee as additional insured. 0-Proof of non -profit status Letter of Authorization from Property Owner is If any items are being sold on City streets or sidewalks, a Temporary Use Permit (TUP) must be attached for each business. TUP can be obtained from the General Services Department. ® State Food Service License, if applicable. P State Food Service License, if applicable. State Alcoholic Beverage License, if applicable. (Alcoholic beverage can be served only on private property. No alcoholic beverages are allowed on City property, this included streets and sidewalks.) Note: a2' Clean -up is required within 24 hours. 0- No alcoholic beverages permitted on City property, streets or sidewalks. Pit- No donations can be requested if any type of alcoholic beverages are served on private property/business unless you possess a State Alcoholic Beverage License. Please note there are inside consumption and outside consumption licenses. You must have the appropriate license(s). The Department of Public Works will be responsible for delivering the appropriate barricades. 10- Dumpsters and port -o- lets" are required when closing a street for more than three (3) hours. Applicant must meet any insurance coverage and code compliance requirements of the City and other regulations of other governrnental regulatory agencies. The applicant will be responsible for costs associated with the event, including damage of property. By receipt of this permit, the applicant agrees and shall hold the City harmless for any accident, injury, claim or demand whatever arising out of applicant's use of location for such event, and shall indemnify and defend the City for such incident, including attorney fees. The applicant shall be subject to demand for, and payment of, all of the actual cost incurred by the City pertaining to the event including, but not limited to, Police, Fire, Public Works or other departmental expenses. The City reserves the right to require from an applicant a cash or cashier's check advance deposit in the sum approximated by the City to be incurred in providing City services. Any such sum not incurred shall be refunded to the applicant. Page 3 of 3 I hereby acknowledge that I have read and completed this application, the attached Resolutions No.(s) 03- 08 and 04 -03, concerning the use and the rules of using City property, that the information is correct, and that I am the duly authorized agent of the organization. I agree to conform with, abide by and obey all the rules and regulation, which may be lawfully prescribed by the City Council of the City of Okeechobee, or its officers, for the issuance of this Charitable Function Permit. CERTIFICATE OF INSURANCE MUST NAME CITY OF OKEECHOBEE AS ADDITIONAL INSURED. i (., • Applicant Signature Date o"oOFFICE USE ONLY®©°' Staff Review _ Fire De artment: • Date: Building Official: Public Works: C ' �\ Date: Date: � i/i��`S Police Department: / Date: BTR Department: 0 Date: //k5//5 / /�� /, 5" City Administrator: Date: City Cleric: (k'ni i0ti Date: fff 1/ 15)(6 NOTE: APPLICATION AND INSURANCE £RTIFICATE MUST BE COMPLETED AND RETURNED TO THE GENERAL SERVICES DEPARTMENT TIIIRTY (30) DAYS PRIOR TO EVENT FOR PERMITTING. Temporary Street and Sidewalk Closing submitted for review by City Council on 1 lao 115 Date Temporary Street and Sidewalk Closing reviewed by City Council and approved Date INTERNAL REVENUE SERVICE. P. 0. BOX 2508 • CINCINNATI, OH 45201 Date: APR 2 9 2005 OKEECHOBEE MAIN STREET INC 111 NE 2ND ST OKEECHOBEE, FL 34974 umn i% M S DEPARTMENT OF THE TREASURY Employer Identification Number: 65- 0887929 DLN: 17053329002014 Contact Person: DEBRA JOHNSON IDfl 75126 Contact Telephone Number: (877) 829 -5500 Accounting Period Ending: September 30 Public Charity Status: 509(a)(1) Form 990 Required: Yes Effective Date of Exemption: November 22, 2004 Contribution Deductibility: Yes Advance Ruling Ending Date: September 30, 2009 Dear Applicant: We are pleased to inform you that upon review of your application for tax .exempt status we have determined that you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or•gifts under section 2055, 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status, you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. During your advance ruling period, you will be treated as a public charity. Your advance ruling period begins with the effective date of your exemption and ends with advance ruling ending date shown in the heading of the letter. Shortly before the end of your advance ruling period, we will send you Form 8734, Support Schedule for Advance Ruling Period. You will have 90 days after the end of your advance ruling period to return the completed form. We will then notify you, in writing, about your public charity status. Please see enclosed Information for Exempt Organizations Under Section 501(c)(3) for some helpful information about your responsibilities as an exempt organization. Letter 1045 (DO %CG) • • • - -•-..t.; ..,A_—'444-- .. , W44`'''-1 .— ,,,.......4=-%0..."'-v.„ .-7-"7%.1:-17"...--7'...."---; - - • : , ,— -.....,---!..,..- , -,-,.:...stzir,•44.-;-:--1,1.- ..4. . . :...a't.. -;:.7'÷•:" ".: oetW7 „.;.,s2„,.,.,;„,., ,,.. , ,...; ..,,,s;::-. _ _,.....t.4::„...:::,--: .:••,:.,..- 1 -,,,,,-;,... ;,,-.: -..- --..A.49.--,:r."--:;:•:%.,-"•' 13- : ,2.A..,. , .4,....„. -;;Im...: - '1:‘4..."-%,-v.7;•.'";- t 4...„_ .i; -''''','•':i=1::•1 17.:17:72.:0.0.- , .4 ...„' 5:4;"..' -0 '-'11%;•-:2 s • -":2*--::.".--,::;2:"%, :771.-..... ''...: -,:'-• .....: " 7A f-."....• .,:-..il. -4),?.-^-4'..et-----1-.,•1-- L1. •-.1 ,,,‘.7,r,;.k:,?,' ,,. '6;4ift al ti - * ,:• - • .- • • : • - . ■;-1 "l_14 F4.• e .. 1-41.-ry et. - k; 7 • ... iz, /.. _ :...: .. :::•.:;Alf,*;40,,e - earth feet rretersr •••:7" • . • 2; InZt f-4. •c-it ' ;3, W., 3 • 3. • •‘'. •,. ; .:t'::1 ••• • • •• ti .t., 'V". .. ' • .i. .: ■ - :. , ' ; 1 ' • - - --'‘..': .'.%:.% -1"...-•.■ ',.-t . 14‘•■.;'.1.7.::', I Jr-4:-...--,...1 , 47.-..,;. t:s.' • -, - 4 ':.--4 • ' - ',- •••r!"", V11'... V. i -0":-...4‘. a.= 1..,'' 1 i i '.. .< 7:s, \ NA.1..... t i _ . ,.''1,1:1 I.•;....:1 —.1100 January 13, 2015 VIA: US Mail Mr. Brian Whitehall City Manager City of Okeechobee 55 SE 3n1 Avenue Okeechobee, Florida 34974 RE: CULPEPPER & TERPENING, INC. CONSULTING ENGINEERS i LAND SURVEYORS Exhibit 4 Jan 20, 2015 Project 14 -029 Contract Sender's Email:smatthes @ct- eng.com Project Number 14 -029 SW 8t1' Street & SW 2 "d Ave Drainage Repair Project Project Authorization No. 3 — Continuing Services Contract Agreement for Professional Engineering & Surveying Services Dear Ivlr. Whitehall, On behalf of the firm of Culpepper & Terpening, Inc., we are pleased to cndosc two (2) copies of the draft proposal for Project Authorization No. 3 contract for Agreement for Professional Engineering Surveying Services; Continuing Services Contract for the design and construction administration for the repair to the collapsed drainage structure located at the intersection of SW 8th Street and SW 2"d Avenue. We will be utilizing Tradewinds Surveyors for the survey portion of the project. Thank you for allowing us the opportunity to provide these services to the City of Okeechobee and we look forward to our continued professional relationship. As always, should you have any questions or require any additional information, please feel free to contact our office at (772) 464 -3537. Sincerely, CULPEPPER & TERPENING, INC. 'eSt 'an,I( atthes, P.E. nior Vi President Enclosures: Agreement for Professional Engineering & Surveying Services A LEGACY OF EXPERTISE AND EXCELLENCE 2980 SOUTH 25TH STREET I FT. PIERCE, FL 34981 (772) 464 -3537 FAX: (772) 464 -9497 Project No. 14 -029 PROJECT AUTHORIZATION #3 TO THE AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF OKEECHOBEE AND THE FIRM OF CULPEPPER & TERPENING INC. PROJECT DESCRIPTION: SW 8th STREET & SW 2" d AVE DRAINAGE REPAIR Preparation of Construction Plans for thc repair of the existing drainage system located at the intersection of SW 8th Street and SW 2nd Avenue in the City of Okeechobee, Florida. I. PURPOSE This is an attachment to the Standard Agreement for Civil Engineering Services dated September 17th, 2013 between the City of Okeechobee (CITY) and the firm of Culpepper & Terpening. Inc. (PROFESSIONAL) and made a part thereof. The purpose of this Project Authorization is to specify the required services of the PROFESSIONAL to prepare site master plan, constriction plans & details and to provide periodic construction observation assistance to City staff for the Project described above. II. PROFESSIONAL SERVICES The PROFESSIONAL shall prepare construction plans, details and technical specifications to implement thc repair of the existing drainage system located at the above referenced intersection. Services shall also include periodic construction observation services for work. III. GENERAL SCOPE OF WORK The scope of work shall result in a set of plans to solicit bids from local contractors to repair thc existing drainage system at the SW 8th Street and SW 2nd Ave intersection. Consultant shall assist the City with the development of design and construction level documents to facilitate the project. The work shall include the following elements: • Site Specific Survey • Construction Plan Preparation • Periodic Site Observation during Construction The intent of the following detailed scope of service is to provide sufficient information for the repair of the drainage system to be constructed. Specific tasks to be performed by Consultant arc as follows: PHASE 2: PRELIMINARY DESIGN SERVICES Task 2.1 Design Survey Consultant shall prepare a topographic survey of the site. The survey shall be utilized as the basemap for the construction plans. The survey shall be prepared in accordance with Florida Status 5J -17 and based upon the Okeechobee County 1929 NGVD control network datum. PHASE 3: FINAL DESIGN SERVICES Task 3.1 Construction Plan Documents Consultant shall provide the City with construction level detail plans of the intersection drainage repair. The plans shall provide the level of detail required to allow the project to be bid for construction. The plans shall be prepared on a 24" x 36" size format and comply with the requirements of the City and be in general conformance with the FDOT Plans Preparation Manual. The plans shall include the following components: Key Sheet • General Notes /Surnrnary of Pay Items • Horizontal Control Plan Page 1 of 6 Project No. 14 -029 • Paving, Grading & Drainage Plan • Detail Sheets as required The submittal shall include the following additional items: • Unit Price Estimate of Probable Construction Costs. • Specifications and Technical Special Provisions Consultant shall prepare the standard technical specifications and special provisions required for inclusion in the Bid Documents. The technical specification and special provision shall be prepared in the standard City Bid format included in the Technical Specification section of the Bid Documents. PHASE 4: BIDDING SERVICES Task 4.1: Bid Documents & Review Consultant will prepare a complete set of bidding documents for the construction of the park. The documents shall include final construction plans, technical specifications, bid forms and standard agreement forms. Bidding services shall include the following: • Preparation of bid documents including one electronic version and twenty (20) copies of the bidding documents for bidding purposes. • Prepare for and attend thc pre -bid meeting. • Provide responses Contractor to RAI's. • Review the responsive bids for the project and provide a recommendation of award to the City. • Attend Contractor award City Commission meeting PHASE 5: SERVICES DURING CONSTRUCTION Task 5.1: General Services During Construction Consultant will provide contract administration assistance throughout thc duration of the construction of the project. A Project Representative will be provided by the Consultant commensurate with the level of review required to allow certification of the completed work effort to the City. The Consultant will hold regularly scheduled construction progress meetings as a construction scheduling tool. Critical elements and dates will be monitored with the contractor as construction progresses, so that avoidable delays can be anticipated and adjustments made. The City and affected residents will be kept informed by the Consultant of the Contractors schedule. PHASE 6: POST CONSTRUCTION SERVICES Not Included IV CITY RESPONSIBILITIES The CITY will provide specific data for the project. Such data shall; include as a minimum available record drawings, Property deed and casements. Prepare thc final bid documents and manage construction activities. V WARRANTY The PROFESSIONAL warrants that the plans and specifications produced as a result of this contract are complete, correct and suitable for the purpose intended. VI AMERICANS WITH DISABILITIES The PRO' ESSIONAL shall ensure compliance with all applicable governmental accessibility standards, including without limitation those applicable under sections 35.151 CFR. Page 2 of 6 Project No. 14 -029 VII DELIVERABLES The project deliverables associated with each of Phase 3 provided in Exhibit "A" will be delivered to the County in accordance with the schedule provided above. Three (3) hard copies and an electronic file of each of the deliverables will be as follows: • 24" x 36" Construction Plans • Specifications and Technical Special Provisions VIII PLAN AND SPECIFICATIONS REPRODUCTION The PROFESSIONAL will provide two (2) sets of the plans and specifications. Three (3) sets are to be signed and sealed construction sets. The cost of these sets is to be included in the design cost paid under the PROFESSIONAL as compensation for services required under this Project Authorization. If additional sets of Construction Documents are required by the City, the PROFESSIONAL shall furnish such sets at cost. Payment for such additional sets shall be promptly made by the CITY, upon properly supported invoices, submitted by PROFESSIONAL. IX PLAN AND DOCUMENT OWNERSHIP The original plans and specifications will become the property of the CITY upon completion of the Project. Computer Aided Design Drawings (CADD) is to be used in the preparation of the construction plans; a copy of all electronic data and drawing files arc to be submitted on CD media. These will utilize AutoCAD version 14.0 or 2000 software. If other software is used, it is to be translated to the aforementioned software. The supplied disks are to include all points and working files. X SCHEDULES AND TIME CONSTRAINTS Within tcn (10) days after receiving the Notice to Proceed, the PROFESSIONAL shall provide a schedule and an anticipated payment schedule. The total time allowed for the PROFESSIONAL's services required under this Project Authorization shall be 12 months from the date of the Notice to Proceed. Phases 2& 3 shall commence upon notice to proceed from the City of Okeechobee and shall be completed by June 30, 2014. Time includes 14 days for City review of each milestone submittal. The project shall be completed in accordance with the following task schedule: Task Submittal Task 2.1: Design Survey Task 3.1: Construction Plans 4 weeks from NTP 8 weeks from NTP XI COMPENSATION Payment for all services will bc in accordance with the Standard Agreement for professional Engineering Services. Total compensation shall, based on the man hours shown on Attachment -B, for all services material, supplies and any other items or requirements necessary to complete the work as described herein to include actual salary costs, overhead and profit in an amount equal to 100% of actual salary cost and reimbursement of actual direct non -salary expenses shall not exceed Eleven Thousand, Five Hundred and Fifty Dollars ($11,550.00). Out of pocket expenses including postage, printing, and copying and long distance phone calls shall bc billed as a reimbursable expense at the PROFESSIONAL's actual cost. Reimbursable expenses shall not exceed Five I-Iundred Dollars ($500.00) therefore total compensation for all work shall not exceed Twelve Thousand and Fifty Dollars ($12,050.00) Page 3of6 Projcct No. 14 -029 IN WITNESS WHEREOF, the parties have made and executed this Agreement, the day and year first above written. PROFESSIONAL: Culpepper & Terpening, Inc. By: Date (Signature) By: Stefan K. Matthes. P.E. Senior Vice President ATTEST TECHNICAL PROVISIONS OF CONTRACT AND BUDGETARY REQUIREMENTS APPROVED By: Date David Allen, Director of Public Works APPROVED AS TO FORM AND LEGALITY FOR THE USE AND BENEFIT OF CITY OF OKEECHOBEE ONLY By: Date John Cook, City Attorney CITY OF OKEECHOBEE By: Date Brian Whitehall, City Administrator CITY OF OKEECHOBEE ADOPTED this _ day of 2015. James E. Kirk, Mayor ATTEST: Lane Gamiotea, CIVIC, City Clerk Page 4 of 6 Project No. 14 -029 ATTACHMENT "A" SW 8th Street Drainage Repairs Design and Bid Budgct worksheet Work effort and project expenses associated with Phases 2 through 5 will be invoiced on a percent complete basis as follows: Phase /Task Phase 2 Task 2.1 Phase 3 Task 3.1 Phase 4 Task 4.1 Phase 5 Task 5.1 Phase 6 Task 6.1 Description Preliminary Design Services Design Survey Final Design Services Construction Plan Document Bidding Services Bid Documents & Review Services During Construction Construction Observation Post Construction Services Not Induded Reimbursable Expenses Total Fees Task Fee $ 1,200 L.S. $ 4,850 L.S. $ 2,470 L.S. $ 3,030 Ilrly $ 500 T &M $12,050 Page 5 of 6 Project No. 14 -029 ATTACHMENT `B" Hourly Rate Schedule Professional Services Rate Principal Engineer, P.E. $195.00 Principal Planner $195.00 Senior Project Manager, PE $175.00 Senior Project Engineer, P.E. $135.00 Senior Project Surveyor, P.S.M.. $160.00 Senior Land Surveyor, P.S.M. $125.00 Senior Project Manager $125.00 Project Engineer, P.E. $125.00 Project Manager $90.00 Project Engineer, E.I.T. $90.00 Senior Construction Manager $125.00 Construction Manager $90.00 Construction Inspector $75.00 GIS Project Manager $90.00 Sr. Engineering Technician $75.00 Engineering Technician $60.00 Sr. Surveying Technician $75.00 Surveying Technician $60.00 Administrative Services $40.00 3 -D Laser Scan Crew $175.00 GPS Survey Crew $145.00 Survey Crew $125.00 *Reimbursable Expenses will be paid as per the contract: Section 3. Reimbursable Expenses Professional shall be rcunbursed only for approved out pocket expenses directly chargeable to the Project, at actual cost incurred. Reimbursable expenses will include travel, lodging and meals when traveling at the City's request and on the City's behalf. These expenses shall conform to rates and allowances set forth in Florida State Statute, Sec 112.061, regarding per cliem and traveling expenses. Identifiable communication expenses, reproduction costs, and special accounting expenses not applicable to general overhead shall be reimbursed at actual cost. Page 6 of 6 The Updates! from the City Administrator's Desk 55 SE 3rd Av., Okeechobee, FL 34974 City Council meeting of January 20, 2015 • City offices/ Public Wks will be closed Monday, 1/19/15 — Martin Luther King Jr B -day. • FPL picks Okeechobee site...top pick for natural gas power plant; Project still far from final approval, (see article attached By Charles Murphy, Okeechobee News...January 14, 2015) • Impact fees — As you know, the City has passed ordinances that placed annual moratoriums on fee collection, the last of which expires 6/30/15. The School District (Nov '14) and the County (Dec '14) adopted ordinances that terminated the impact fee process. Again, we will present something official prior to June 30th • Main St Top of the Lake Art fest 2/7 -8/15 is on Agenda — I just rec'd the completed application for this project but a State liquor license application has been filed for beer /wine to be sold at a tent located on the SW Park & SW 4th Av lot mentioned above. The app calls for closing the 300 blk of SW Park along w/ the 100 blk of SW 4th Av along with live entertainment on the closed street. • Vet's Park helicopter — Marty Faulkner is back on the project and DPWks Allen rec'd a bunch of additional parts at the garage...see Jan 14 Okeechobee News article attached. • OUA 12/9/14 mtq minutes are enclosed in the packet. One thing, item #17, begs clarification as it mentions litigation w/ Seacoast. After speaking w/ John Hayford, OUA is not in litigation w/ Seacoast and the suit involves a default in the Freshwater development (Harvey Hwy — east of Home Depot/Palm Creek) wherein the OUA had a development agreement and Seacoast held a defaulted loan. When Seacoast discovered that OUA held a superior lien position they brought them into the default suit. OUA has subsequently bought out Seacoast's position and is continuing w/ litigation w/ the owner(s). • Parking lot downtown — As you are aware, the City continues to experience a bit of an overcrowded parking issue downtown. On the one hand, it's good to see the activity, but it's certainly creating a cumbersome issue. I'd like to investigate the acquisition of the empty 50 X 142.5 lot at the intersection of SW Park & SW e Av (where the Christmas trees were sold). I know it's not a solution to a bigger parking problem but it could be a piece to the puzzle and the lot now serves as nothing more than a cavity on our downtown store front area. • Pressure wash roofs of City Hall, Fire Station & storage bldg expected on January 24. The City rec'd quotes back in September and the low quote of $2,995 was supplied from Mallard Systems Inc, Orlando. • Career Source (formerly Workforce) area unemployment report is enclosed in the packet along with the Nov '14, 2 -1 -1 Okeechobee detail. • Health & Safety Expo annual event is scheduled for 1/31/15 —flyer is enclosed. Page 1 1/20/15 Activity Rpt Cont'd • Railroad xing at NW 9th Av — CSX plans to make some improvements to the intersection in early February. However, a few weeks after being advised of the improvements, the City was advised that the CSX bid project is $38,820 payable 100% by the Agency (City). They refer to a 1991 Agreement and a $16k submittal by the City in 1992 as evidence of the City's commitment. We are negotiating the City commitment in as much as there was a refurbishment since I've been here wherein the City eventually paid nothing. Without investigating too much, I've found a 2006 letter wherein CSX was going to charge the City $1975 for maintenance and we were able to convince the railroad otherwise, after I pointed out to them that they were remiss on their commitment to reimburse the City for mowing, etc along with other shortcomings. 'not saying we can successfully avoid the '91 contractual commitment, but will conference w/ Atty cook to look at our remedies. • FDOT Signal Maint Agreement — The City just rec'd the third installment of DOT's updated Signal cost reimbursement Agreement (State reimburses the City). The City approved the annual Agreement in June 2014. In Oct, we passed a modified Agreement that described the State's and the City's responsibilities more thoroughly...we felt it was not too intrusive. In Aug we rec'd $9000 in reimbursement. For comparative purposes, for example, we rec'd — 2007 - $7200, 2011 - $8300. We will be presenting the Agreement, after a thorough analysis, assuming it's not too damaging, at the next meeting for approval City Atty: Litigation update: • Larry Parzygnat v City — This case pertains to former Police Officer Parzygnat's Dec 4, 2013 termination, for untruthfulness relating to taking pictures of a 12/1/13 crash scene and sending the pictures to the news media. 12/13/13 — Parzygnat filed an appeal to the termination with the Employee Grievance Committee and they met 3/13/14 and upheld the termination. The City Council then heard an appeal on May 6th and upheld the termination. The City retained Robert Kilbride, Fox, Wackeen, et. al. on September 5th to defend the City on allegations that Parzygnat was not afforded due process. Parzygnat argues that the Law Enforcement Officer's Bill of Rights (LEOBOR) was not followed. Our attorney holds that the Bill of Rights is not a valid defense in this case sighting case law that establishes LEOBOR is not applicable to complaints... "originating internally and not from outside the agency ". Unfortunately, Parzegnat's attorney, Cathleen Scott & Assoc., Jupiter, continues to file w/ the court that he is entitled to injunctive relief (reinstating employment) as a consequence of breach of due process. • Tiffany Mullins v City- This case has to do with a confrontation between Mullins and another individual while at a Nov 2009 court proceeding. The other individual had a 'no contact' restraining order against her (w/ Mullins) and Mullins alleged that she violated the order. Page 2 1/20/15 Activity Rpt Cont'd (Atty /litigation (Mullins' case) Mullins subsequently filed a report w/ the City Police about it, which was followed by a Complaint by the other party alleging Mullins filed a false report. After an investigation by the PD and corroboration by the Sheriff's Dept (present at the Cthouse when all this allegedly occurred) as to the facts, the case was submitted to the State's Atty and Mullins was subsequently arrested. Mullins case against the Sheriff's office and the PD incl — Malicious prosecution, False Arrest and False imprisonment. Several filings, by her atty, Feller & Leach, Coral Gables, have been made since and on Jan 8, 2015, another motion to dismiss (by our atty) was heard in court. Below is email dialog from our Public Risk Mangmnt atty, Sean Conahan, Fulmer, LeRoy & Albee, Tampa: ...this would be the Third Amended Complaint from them) and I would have no objection if they were to allege more specific facts related to the causes of action already pled, but to allow them after all these years to continue to file various cause of action until one sticks was inappropriate and unfair to the City of Okeechobee. Nonetheless, the court granted the motion but gave the Plaintiff 30 days leave to amend and file a Third Amended Complaint. • FDOT / Hamrick litigation — As a matter of record, the Council approved the Mediation Agreement w/ FDOT that provides for $405,000 each to the Hamrick Trust and the City. Furthermore, attorney fees, related to the imminent domain case, up to $72k, will be paid by FDOT. Another significant condition is that the City will be responsible for the project landscaping. You recall that the City negotiated $48k in a cost -to -cure arrangement wherein the City would be reimbursed by FDOT for those costs outside of the project area, which included picnic tables, irrigation, sod, electrical conduit and some general landscaping (n /incl trees). According to an FDOT contractor solicitation, the landscaping estimate is $189k. I've confirmed w/ FDOT that they plan to finish grade and sod the entire project area and install irrigation sleeves where necessary. As you are aware, the Hamrick v City ownership issue remains undone. City Clerk: • Centennial Celebration — Voting Members: Magi Cable, Jeanne Enfinger Sharie Turgeon, John Williams Dawn Hoover, Vice Chair J.D. Mixon, Chair Advisory Members: Justin Domer Katrina Elsken Donna Gaiser Susan Giddings Staff: Brian Whitehall, City Administrator David Allen, Public Works Director Lane Gamiotea, City Clerk Antoinette Rodriguez • Centennial event listing is attached hereto (2 pgs) • Centennial :,:_ rs — I gave public Wks authority to purchase 12 banners for Cit. . rks and 30X63 banners for S Park St all the 13 oz fabric, from e Sign Guy, as •er the quotes below. Please let me know what you eeling is about in .tailing 30X80 banners on every other pole on SR 70 & 441 to the City ' its at the price of $1816.50. Page 3 1/20/15 Activity Rpt Cont'd (Centennial banner costs) Custom Signs & Graphics 13 0z 18 0z 17X45 12 $ 576.00 $ 747.00 30X63 30 $ 2,032.50 $ 2,325.00 30X80 30 $ 2,992.50 $ 3,267.00 $ 5,601.00 $ 6,339.00 Sign Guy 13 0z 18 0z 17X45 12 $ 239.52 $ 437.40 30X63 30 $ 1,446.90 $ 2,165.40 30X80 30 $ 1,816.50 $ 2,977.50 $ 3,502.92 $ 5,580.30 Silver Spurs 13 0z 18 0z 17X45 12 $ 1,002.00 30X63 30 $ 2,277.00 30X80 30 $ 2,877.00 $ 6,156.00 $ City Police: • 911 services — Karl Holtkamp, Okee Fire /Rescue, Co Adm Chartier, Chief Smith, Chief Davis, Maj Peterson and I met 1/15/15 to discuss financial constraints facing the County and the 911 dispatching services within the next several months. Will supply additional information as it becomes available. General Services / Planning Board: • Future land use and zoning amendments — Ord 1117 & 1118 to the Agenda are Land use and zoning proposed changes for Lightsey's parcels in the vicinity of NE 7th Av and 3rd and 4th St, as reflected on the 2 maps attached, which were part of the applicat'n. The FLUM request is to change the subject area from Residential to Commercial and the Zoning request is to change several parcels from RSF and one parcel that's currently CPO and one parcel that's in Holding all to Light Commercial. Note — the original application was to rezone to Heavy Commercial, but the applicant quickly revoked that plan when it became apparent that CHV might be too ambitious for the October 16 Planning Board to advocate. Page 4 1/20/15 Activity Rpt Cont'd (Gen Service /Planning Bd) • Planning Bd 1/15/15 agenda — Attached pis find Bill Brisson's 1/8/15 memo to the PB which essentially echoes the memo I distributed in December. The corresponding Ord #1119 (if approved by the PB /Council) places into effect the definition changes and designates Taxidermy as a Special Exc in CLT & CHV and Pet Grooming as a permitted use in CLT & CHV. At the 1/15/15 mtg the PB made some initial remarks on the sample Historic Preservation Ordinance from Sebring. Once completed the Okeechobee ordinance will be prepared and sent back to them for final approval...then on to the City Council. • ALDI grocery update (proposed for the U -save bldg) — mentioned that we met w/ them a few months ago and the following is from the ALDI real estate director last week: "I appreciate you reaching out to offer your assistance with this project, as we are excited to open a store in Okeechobee in the necir Iiiture. We are currently still negotiating the terns of the lease, but should have that wrapped up in the next few weeks. Once that is executed, we will produce the information requested at our original meeting and being the approval process." • Dunkin Donut, 205 NE Park — As per previous report: The Bd of Adjustment approved a special exception to provide for a drive through. The Tech Review Comm (TRC) approved a site plan providing for 17 parking spaces which did not necessitate any parking reduction as a portion of the building was represented to stay vacant in an effort to `fit' the facility on the parcel. They indicated that they would open and test the waters to see if additional bldg space could be occupied based on practical parking experience. However that mindset changed and they are now requesting a parking reduction in order to utilize additional bldg space. TRC — Jan 15 mtg — plans reflect adding 1 additional pkg space on site and a request for a 40% parking reduction. The Code allows up to an 80% reduction in Central Bus Dist (CBD), which is where this parcel is located. Eventually the Council will be given a recommendation to act upon. Update — the TRC will gave a recommendation to approve a parking reduction of an additional 8 spaces, which will total 25 (17 originally approved on site) backing into their building latitude that equates to utilizing 1600sq ft vs the original 1000 sq ft floor plan. • Building permit volume chart (yr to yr history) — is attached. The chart is a bit ambiguous because it doesn't reflect the revenue appropriately, considering the City did incorporate a rate incr. Plan to have that info avail to you by next meeting. Finance • Fye 9/30/14 Audit scheduled for week of Feb 16, 2015. Page 5 1/20/15 Activity Rpt Cont'd Fire /Code Enforcement: • Migrant Housing — We are having a issues w/ Code compliance on this matter. According to the County Health Dept, almost 30 permits have been issued throughout the County, nine of which appear to be inside of the City. I've spoken to the Health Dept and now to administration and hopefully we can at least intervene at the permit stage...to the extent of having applicant approach the City for preapproval. • Fire Dept golf cart — A golf car has been donated to the Fire Dept and the firemen have been restoring it. In Chief Smith's email response to me: Some cost is placed with the FD budget but 100 percent of its use is intended with the City. It is anticipated for parades, special events, and fire prevention (schools). The department intends on placing medical equipment and prevention material on unit during these events, which will definitely save response time if a medical emergency occurs where the large vehicles have difficulty accessing in a timely manner due to congestion and obstructions. The majority of Fire Departments ordinarily have these types of vehicles in use that can be costly to start up but the OFD is utilizing their own labor and own equipment to cut costs to a minimum. At this point, we were hoping to get it ready enough to use and keep working on it a little here and there when possible until finished. There have been many hours of labor donated by Firefighters putting this together and the volunteers have already donated tii'hat they could. 1 am attempting to use donations as much as possible but the city will benefit from the project regardless of the donations. 1 have not allowed it to be a problem for the budget and it will be placed on the city's inventory as assets when .finished if this is acceptable. I anticipate this will be satisfactory to all involved but the project in my opinion is very beneficial since there is established "buy in "f •om employees to use it for city function. It will come in handy during the fairs, park events, and events at the County Agricultural Center not to mention the upcoming centennial. I hope we can encourage this project and have your support. Of course, the input from your office is appreciated and will be adhered to regardless of the outcome. Thank you for your consideration. After discussing the budget ramifications w/ the Chief and the uses, etc, I commended the Dept on the venture. • Fire Dept activity (calls) 2014 totals — Fires Explosion Med /rescue Haz- Mat/Dangerous Service Call Good Intent Call False Alarm /Cancelled Special Total Calls for 2014 40 1 1019 40 44 163 33 4 1344 • Nuisance house at NW 9th Av and 2nd St — This is the yellow nuisance house on the corner. Staff has managed to secure all of the nec docs to remove the building, including the owner's permission to attach a lien to the parcel. We are coordinating the demolition. Page 6 1/20/15 Activity Rpt Cont'd Police: • Police Dept activity (calls) 2014 totals - CaIIs 6798 Traffic Warnings 679 Traffic Citations 792 Arrests 371 is Public Works: • 441 median landscaping (Grant funded -Main St) - As most of you are aware, the City finished the project by 10/31/14 with the exception of the irrigation materials. We continue to work on that installation as time permits. The end financials: *Tree locators installation bid and change orders $86,793.40 *FL Irrigation Supply Co $ 9,699.31 Culpepper & Terpening landscape engineering $17,420.00 *reimbursable costs - $96,492.71 As soon as the irrigat'n material is completed we will press for the reimbursement. • GRANT - Canals - Legislative Grant $100k - Agreement w/ DEP - Executed the Grant Agreement for the water conveyance project. The City requested $450k but was only funded to the $100k. For the 2015 legislative requests, the City again requested $450k. In 2013 received and completed $250k in canal work. Because of the set up and staging costs for this project (last yr was -$30k) I'm hoping the City will secure additional funding (see below) before we start the contractor work. • GRANT - Canals - SFWMD grant - On 11/18/14 submitted a grant application for additional funding ($185k) to assist the City in completing the canal cleaning project. No update report on this funding. • GRANT APPROVED - Storm sewer at SW 2nd Av & 8th St — As advised, our Small County Outreach Program (SCOP - thru' the FDOT) application was approved - $57,750. On the Agenda is an Engineering Agreement for the project. I've spoken to Stef, Culpepper & Terpening, about cost saving intervention, such as construction observation...where the City may be able to handle some /most of that line item, for example. I do expect FDOT to require final as- builts as part of the grant particulars. • GRANTS - Taylor Creek Park/Centennial Park grant applications - FL DEP - As reported prior hereto the City rec'd rejection letters from the FL DEP for both the TMDL (total max daily load) and Sect'n 319 grants. However, we were later informed that there may be unspent monies available for the TMDL grant applicat'n. Unfortunately, the City rec'd a 2nd letter (1/12/15) of denial and that letter is attached hereto. I spoke to Stef Matthes, Culpepper & Terpening Engineering, and as previously thought we should be resubmitting...virtually no added cost and will put the City in the next round of funding. Page 7 1/20/15 Activity Rpt Cont'd (Pub Wks, DEP park grants) Background: On June 27th Culpepper & Terpening sent an application to DEP for a second grant, TMDL Water Quality Grant App for $367,260 of which requires a 50% match ($183,630). As you might recall, we applied for a Section 319 in May. That grant calls for a $367k grant and a $147,052 (40 %) match. • FPL to move pole at Centennial (Taylor Creek) Park - The pole in the south part of the park will thankfully be moved. But not because of the City's efforts but an endangered bird. FPL is requesting the move. On Dec 31 there was a massive power outage that was caused by the bird's nest. They are improving the location and the pole, moving it to the west corner of the City's property there. • GRANTS - Taylor Creek Park/Centennial Park grant applications — FWC — submitted two grant application, in mid Nov, to the Fish & Wildlife Commission (long and short forms) for infrastructure improvements at the proposed park. • 2014 -15 Asphalt program — We are staying with the NW 9th & 91h project and anticipate a culvert replacement on NW 9th Av (s of the railroad) prior to starting the asphalt. Expect the culvert replacement during school Christmas vacation and the asphalt program to start immediately thereafter. • City median landscaping — Brad Goodbread confirmed they had some 180 +/- trees dedicated to our medians on SE 4th St, and various SW streets. The trees will be FREE but he wanted to cover his costs on installation. • 441/70 intersection project — There's a web link to the SR 70/441 project at http://co.okeechobee.fLus/ click link entitled `County Documents' on left side of home page. Ranger still believes an April completion date is possible. David attends weekly construction meetings. I've spoken to Councilman O'Connor a couple of times about the lack of temporary pedestrian crosswalks at the intersection. As a result, the contractor installed a temp asphalt sidewalk on the west side, but to -date, nothing on the east side. Part of the problem is that the City has experienced a power outage of the streetlights north of the subject area. After researching, we found a sleeve in the const area and, after examining the wires, found a poor prior splice /repair was the culprit. As soon as the splice is rectified, we hope a sidewalk can be at least temporarily added. Page 8 Listed for informational purposes onl and will not be discussed unless re ueoted: DATE &TIME `' EVENT � ^ ' - COORDINATOR(S) .~._~' TAB Sat, 1/17/15 OKMST��dm��C�b�D� ��hoo�gCema��/�/ Turgeon ����---- N/A Sat, 1/31/15 Okeechobee Health Expo Agri-Center Sat-Sun, &Y-&M6 OKMS Top of the Lake Art & Chalk Festival -Centennial Turgeon F|ag|erParku 3 - 5 Fri, 2/13/15 Sacred Heart 50th Anniversary OK Corral Gun Club Sat, 2/21/15 FOR Okeechobee, Inc. 5K Ribbon Run Mixon TBD Sat, 2/21/15 BhghhooFiuNDay Reservation Rodeo " Grounds 3/6 - 15/15 County 4-1-1 & FFA Livestock Show & Sale Agri-Center March New Music Festival? Elsken TBD 3/10 - 15/15 County Fair Agri-Center Sat-Sun 3/14 - 15/15 50th Annual Speckled Perch Parade Festival ' Turgeon & Williams Parks 2-6 & Rodeo Grounds Sun, 4/5/15 Kiwanis Easter Pancake Breakfast Mixon TBD Sat, 4/18/15 Mayors Centennial G@\8 Enfinger Silver Palms Sat, 4/25/15 The Fireman's Bali KOA April Pregnancy Center 5k Color Run Agri-Center Sun, 5/17/15 lst United Methodist Church Centennial Enfinger Church property May 1m Baptist Church Centennial Church property Mon, 5/25/15 American LegionNFW Memorial Day Services Veterans Flagler Park Sat, 6/13/15 Centennial Birthday Bash Turgeon TBD (Sacred Heart Church facilities offered) Sat, 7/4/ S For Okeechobee, inc., lndependence Day Celebration Mixon Okee-Tantie F[i,��� Aug 1t Home Football Game & Athletic Booster Club Program Hoover (Athletics) ` Cable (Band) OHS Sat-Mon 9/5-7/15 OKMS Labor Day Pomdo.Fn��u|&Rodeo Turgeon & Williams Flagler Parks 2-6 & Rodeo Grounds Sat, 10/3/15 Adam B�mntM�imo|Rog�� -Centennial Paddle Decorating Contes Mixon Okee-Tantie Sat, 101O/15 Centennial Heritage Festival Williams TBD Okeechobee Community '^ Elsken Freshman Campus Auditorium Sat, 10/31/15 5-8 PM FBC Okeechobee Trunk or Treat Flagler Parks 2-6 Wed, 11/11/15 American LegionN W Veterans Day Services VetemnoRag|or Park Tue, 12/1115 5-8 PM Tree Lighting Celebration & Centennial Time Capsule Ceremony Whitehall (Lighting) Gaiser City Hall ^ Fri, 12/11/15 Centennial Frolic Elsken TBD Sat 12/12/15 OKMS Lighted Christmas Parade Turgeon Flagler Parks 34 Dec Lighted Boat Parade Taylor Creek 1/12/2015 CCAHC AGENDA - Page 3 of 3 . Updates on Official Centennial Events and Approved Partnered Events (2- months only): DATE &TIME EVENT COORDINATORS) LOCATION TAB Starts 1119/15 Ends 6/15 Centennial Scavenger Hunt Team Registration by Jan 15 Turgeon Social Media Wed 1/21/15 Kiwanis International Centennial Celebration 'Approved Centennial Partner' Mixon Flagler Park 4 1/24, 4/11, 6/20, 9/19, & 10/17 Okeechobee Historical Society Historic Bus Tours 'Approved Centennial Partner' Cable Various Starts @ City Hall Sat -Sun, 2/28 - 3/1/15 Battle of Okeechobee Reenactment 'Approved Centennial Partner' Cable Battlefield State Park Sat, 3/28/15 March of Dimes Walk -How will the Centennial be participating in this event, is a Centennial Team forming? 'Approved Centennial Partner' Cable Flagler Park 4 0 0 0 7n ▪ '9 -ncw FE ' ae cQ 0 o c m �•$ fA go T a0 at 3= cr (0 0 1 O C :� m to co 0 3 O 8- • o,a) 0 sm �m 0 0 ti ogg V zai (t) cit E �v'' "0"SD ° nterC w a)i 0 S71.) (D w GCn '"'r_. ° !� ;aa.47,,..,�. 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O 0 " o �O C Cw 0 o C( p D O !D a O N X O . o 0 a, <n 57. f O o 5d9 =or ((D w ti m pwo, O w C b CJ1 c 22 a 0 1 n cw , 6111Z pi� O o — n w cm 5 'CA' " m w "`"O - a 0 ' o , p c &.; ,<E-:. � m �o�o co `m�o. o �i b o c c o • a C w (.0+ co d '0 , Ca I "� ncD `• C1' OP CD N a rn o Q • CD o a a ]- F,.., O u, �• a w w • ,s b o II �• c x cr o C N a ccDD =' O. 0 , O ai ° N O• (i" 7 P- co E Q- O °C F coo 91.0Z `'b G krnnuer sMeN eegogoes)* W Okeechobee site is FPL's top pick for natural gas power plant; Project still far from final approval By Charles Murphy Okeechobee News - Updated January 14, 2015 at 03 :22PM http: / /florida.newszap.com /okeechobeenorthlake /137650-113 /okeechobee- site- is -fpls- top -pick- for - natural -aa s- power -pla ntproiect -slit I- far - from -fina I- approval OKEECHOBEE - -If Florida Power and Light decides to build a near i600 megawatt power generation facility, the site will be on 2,800 acres in northern Okeechobee County, a company spokesman confirmed Wednesday. If approved, the natural gas power plant facility to be named the Okeechobee Clean Energy Center will cost an estimated $1.2 billion to construct, and will be capable of providing power to 300,000 homes in South Florida. The project still has several hurdles to climb before it does become a reality, Mr. McDermott noted. The company will issue a request for proposal by the end of March that will compare what other companies and firms can offer compared to the proposed FPL project. A group of Florida Power and Light staff will study the options and an independent evaluator will also review the options and determine which proposal would be best for FPL customers. Mr. McDermott said the company hopes to make a decision on what route it will take by the end of July. "We sincerely appreciate the strong support our proposal received from Okeechobee County officials. They really took a strong early stand in support of this clean energy facility," he added. Okeechobee County approved a package of tax incentives for the project in December. They also eliminated impact fees last year that would have added costs to this facility. "The county is to be commended. This is a huge milestone today. Of course, there is no way to predict the outcome of the RFP process," he added. McDermott said the property tax incentives approved by the board were a key consideration for the company and showed them the strong support the county had for this project. The Okeechobee County Economic Council, another strong supporter of this project, issued a statement after the announcement Wednesday, "The Okeechobee community will benefit greatly if Florida Power and Light ultimately chooses to locate their next natural gas power generation plant in northeastern Okeechobee County. The Economic Council of Okeechobee has been and continues to be a strong advocate and supporter for this project." The statement went on to note that the substantial financial investment by FPL could generate new tax revenue and create quality jobs, as well as strengthen our community partnership with the company. "There is also significant potential for future additional investments on this site. This is a great day for Okeechobee and all who played a role in encouraging this investment by FPL should feel rewarded," it concluded. Mr. McDermott said the site is appropriate for the power plant with ample water supply available. He said this potential facility would be one of the cleanest and most efficient power plants of its kind in the nation. Mr. McDermott said that there will be plenty of opportunity for public input throughout the governmental review and permitting process if this FPL project is selected as the best option. He noted plans for the potential facility are still in the early stages of development and there are many details to be decided. He also promised an open dialogue and sharing of information with both officials and the local community throughout the development of the potential new energy center. The project would employ an average of 300 construction workers during the two year construction period. As many as 600 people could be employed during construction. "I do want to emphasize that this is a potential facility. We feel there will be a growing need for power and by 2019 will need an additional 1,000 megawatts of power," he added. Currently the firm has 4.7 million customer accounts and expect with an economic recovery to have over 5 million accounts by 2019. If the Okeechobee project is selected, it is anticipated to take 14 -16 months for all government review from state, federal and local agencies. The goal is to have the plant in operation by June, 2019. CeSource @ GM D ® ] E®10©TR RHEARCH COAST December 22, 2014 The unemployment rate in the CareerSoLlrce Research Coast region was 6.4 percent in November 2014. The November 2014 rate was 1.6 percentage points below the region's year ago rate of 8.0 percent, but 0.8 percentage point above the November 2014 state rate of 5.6 percent. Out of a labor force of 276,086. there were 17,758 unemployed residents in the region. Unemployment Rates* November 2014 October 2014 November 2013 October 2013 November 2012 October 2012 CareerSource Research Coast Region 6.4 6.8 8.0 8.7 9.8 - Indian River County 6.5 6.9 8.1 8.8 9.6 10.5 63.393 62,720 63,409 63.174 Martin County y 5.7 6.0 7.0 65.926 7.3 65 045 8.7 65.361 8.8 55.666 Okeechobee County 6.8 7.3 8.0 8.5 9.4 10.2 18 204 16 241 18425 18 %28 St. Lucie County 6.7 7.1 8.5 9.3 10.5 10.7 128,208 127,144 12.7429 128,177 Florida+ 5.6 (5.8) 5.8 (6.0) 6.4 (6.5) 6.7 (6.7) 8.0 (8.1) - United States+ 5.5 (5.8) 5.5 (5.8) 6.6 (7.0) 7.0 (7.2) 7.4 (7.8) - +Find seasonally adjusted rate in parenthesis. P= Preliminary `Monthly employment and unemployment rates (not seasonally adjusted) at the state and local levels may have sharp fluctuations due to seasonal events that follow a somewhat regular pattern each year. Seasonal events include tourism, agricultural harvests. holidays. and the opening and closings of schools. The effects these events have on labor statistics can be eliminated through seasonal adjustment, a statistical technique that smoothes the seasonal impacts and makes it easier to observe underlying trends. Seasonally adjusted unemployment rate estimates are available for Florida. and metropolitan areas on a lagged basis but are not available for all counties Season- ally adjusted nonagricultural employment is available for Florida by industry and for selected metro areas at the total level only. Seasonal increases in employment in Florida in October 2014 were mainly in retail trade. Elementary and secondary schools and colleges returned to near normal employ- ment levels after the summer break. Agricultural employment and tourism trended up in most of the state in October. Lowest Unemployment Rate Monroe County had the state's lowest unemployment rate (3.5 percent), followed by Walton County (3.8 percent), Okaloosa County (4.4 percent). Alachua County (4.6 per- cent), and Wakulla County (4.6 percent). Many of the counties with the lowest unemployment rates were those with relatively high proportions of government employment. Industries Gaining and Losing the Most Jobs (over the year) Port St. Lucie Metropolitan Sebastian -Vero Beach Statistical Area Metropolitan Statistical Mining Logging and Construction Manufacturing Wholesale Trade Retail Trade Transportation VVarehousing & Utilities Information Professional and Business Services Education & Health Svcs Leisure and Hospitality Mining. Logging and 100 Construction 0 Retail Trade -100 Financial Activities 200 Professional and Business Services 100 Education & Health Svcs 0 Leisure and Hospitality Other Services 600 Government 900 -500 0 100 -100 -400 100 300 200 -100 Highest Unemployment Rate Hendry County had the highest unemployment rate (9.7 percent) in Florida in November 2014, followed by Flagler County (8.1 percent); Madison County (8.0 percent); Hamilton County (7.7 percent); and Hardee. Hernando, and Putnam counties (7.5 percent each). In November 2014, there were 556,000 unemployed Floridians and 279,394 advertised job openings in the state (Help Wanted OnLine), a ratio of 1.9 job seekers to every advertised job, down from 2.2 in October. Next release will be January 19. 2015 Administrative Offices 584 NW University Boulevard, Suite 100 1 Port Saint Lucie, FL 34986 1.866.4U2.HIRE rirfograrn ds and services are ave.lat.bo upon rnr ,.c, -ini- .rut 500711 __s WI vc c_ 101n0 T',17DD .!p Tu t u. the Ro■-.a kelay 5e'v.ce 1 enual ocoorurn.h ,rl collaborate. innovate. lead, careersourcerc.com I ikon l,. r l.a _ 01. 77 S 0704ums,m s11 t _a he ; 5',, 7e19G10 RAFE INCREASED TO 11.`t0/0 830,000 oBs um UNEMPLOYMENT; Wow RATE AS OF 0/O 11/2014 REEMPLOYMENT LOO 1 000 4'.� ASSISTANCE CLAIMANTS REACH FLORIDA BORROWS $3.5 BILLION FROM FEDERAL GOVERNMENT ONLINE TO 159,000 THE HISTORICALLY CONSTANT INFLUX OF NEW FLORIDA RESIDENTS FELL SHARPLY 115,100 ADD D SINCE 12/2010 95 000 ASSISTANT CLAIMANTS 05/2013 DEO REPAID THE GOVERNMENT LOAN IN FULL JOB SUPPLY and DEMAND 279,394 AS OF 11/2014 MIGRATION AE INFLOW 500 /DAY ACK to ABOUT 48% MEDIAN HOME PRICES FELL FROM THE PEAK IN 2006 TO FEB. 2011 HOUSING M ME 4.6% THE YEAR REDIAN IN HOME 014 95 MILLION VISITOR RATE 81 MILLION" FELL TO 1! TOURISM ECONOMIC IMPACT $61 BILLION $5.2 BILLION IA DEED STATE DEBT VISITORS IN 2013 ECONOMIC IMPACT $72 BILLION DOWN $3.5 BILLION V1%11 ITAXES and FEES RAISED DEP permitting time: 79 days OFR application review time: 22 days TAXES /FEES CONSUMER CONFIDENCE TUMBLED EFFICIENCY in GOVERNMENT - CUT TAXES 40 TIMES SINCE 2010 - MORE THAN 70% OF ALL BUSINESSES NO LONGER PAY THE BUSINESS TAX DEP permitting time: 33 days OFR application review time 5 days ECONOMIC BUZZ IN DECLIR ED 0.00/0 2009 CONSUMER SENTIMENT AT 86 POINTS. N GREW . , 013 2013 Florida Department of Economic Opportunity (DEO) ( www.floridajobs.org Data provided by: DEO Office of Communications Document updated 12/19/14 Media @r:eo.myflorida.com 1 850 - 245-7110 We're here to listen, We're here to help! Okeechobee County — November 2014 Case of the Month Database Visits** ** Estimated from computer sampling of a total of 4,159 on -line visits. if % Chats, IM's & Emails *Regionally Age of Callers 5% of callers were under 18 years old 54% of callers were between 18 -59 years old 20% of callers were 60+ years old Types of Calls 21% unknown A call came into 211 through the Suicide Prevention Lifeline from a vet- eran who suffers from PTSD, depression and bipolar disease. She wanted to check herself into the VA Hospital but she has a service dog and she stated she couldn't afford to put the dog in a kennel while she was hos- pitalized. She stated that she was very frustrated because no one can tell her what she is supposed to do. She told the 211 Specialist that she just "wanted an answer". The Specialist made numerous phone calls with no luck but eventually called the VA Hospital and spoke with one of the charge nurses. The nurse advised the Specialist that they knew of a woman who will foster any service dog when the owner is hospitalized and will keep the dog until the owner is released. The Specialist called the veteran back and advised her of this. She was very grateful and as a result of our advocacy we had a good outcome for a difficult situation. CC referrals made for 38 services 11 Problems & Needs • Heahh/Medical Homeless Services t% iY *See reverse side for specific breakdown Assessment & Referral — 70% assessed caller's needs & then provided referrals to meet those needs Information Only — 14% provided basic information such as a phone # or eligibility req. for services Counseling, Assessment & Referral — 5% Responded to emotional state, assessed caller's needs, & provided referrals Follow -up — 7% Counseling — 2% responded to the emotional state of the caller in addition to assessing needs Linkage /Advocacy — 2% assisted the caller in navigating the complex & overwhelming health& human services system. Emergency Intervention — 1% Top 10 Referral Agencies The Salvation Army (Okeechobee County) 13 Okeechobee Free Meals 9 Okeechobee Senior Services 5 Big Lake Missions Outreach 2 Crisis Lines /211/I &R Services in other cities 2 Florida Department of Children & Families 2 Florida Rural Legal Services 2 Sacred Heart Food Bank 2 Al -Anon Family Group Headquarters 1 All Pet Rescue 1 Providing assistance & referral in times of emotional, financial and community crisis... Ure le re 0 211 Helpline — Okeechobee County Basic Needs Food Shelter Housing Financial/Assistance Transportation- related assistance Utility Assistance Rent/Mortgage /Housing Assistance Emergency /Medical Assistance Health /Medical Health /Medical Homeless Services Legal Mental Health /Personal Personal /Interpersonal Problem Substance Abuse Suicide 11 7 2 2 19 2 15 1 1 3 3 2 4 6 2 3 1 = 15% Miscellaneous Abuse /Neglect/Crime Animals /Animal Control Case Management = 27% Consumer Crisis Line /I &R Other Areas Disabilities Education Emergencies = 4% Government/Taxes Holiday Assistance = 3% Support Groups = 6% Admin = 8% 22 = 31% 4 1 3 2 3 1 1 1 1 3 2 4 = 6% For additional information about this Snapshot, contact Diane M. Huff, Director of Operations at (561)533 -1061 or at diane.huff@211pbtc.org. For all other questions, please dial 2 -1 -1. Southeast Florida Behavioral Health Network Children's Services Council • of Okeechobee County United Way of Okeechobee County Annua L O�ecnoJDee La n i `` Hetk arn,,d 5afet C_xpo Satu,:dad - January 31st, 2015 9:00 am - 2:00 prn Event will be held at the Agri -Civic Center 01 t,) 710, Okeechobee, Ft -rat' y If you have cjuestions or need additional information, please contact Sharon Vinson at (865) 462 -5000 ext. 257 or Donnie Arnold at (863) 634 -6464 t=ree I pealth Screenings! Free Giveawa s! Entertainment! ree r ood! run! I A Special Appearance 1),9 Ronald McDonald Premiere e sponsor Children's Services Council of Okeechobee Gold .Sponsors 1IHCSEF Southeast TI Val Ncatlh Hchwrk, lnc Nurse iiCall Platinum Sponsors FCHC Itee Tobacco Fr ©a , partnership'' RAULE SON Okeechobee County OSPITAL 00 MO L l IAA; Li L. HEALTHCARE Silver Sponsors Heartland Discount Pharmacy COVENTRY Ilpolth'Cure 0 Acommunity E`�l�vf i P A R T N E R S H I P Helping /Rome Changing Lives. Fl rids HEALTH d ca) °Kccu OEE S OKEECHOBEE UTILITY AUTHORITY REGULAR MEETING MINUTES Tuesday, December 9, 2014 8:30 A.M. Okeechobee Utility Authority Board Room Okeechobee, Florida Chairperson Clay called the meeting to order at 8:31 A.M. with the following members and alternates present: Board Members: Alternates: Melanie Anderson* John Creasman ** Noel Chandler* Tommy Clay* Steve Nelson* * Regular Board Members ** Voting in Thomas Hoover's absence OUA Members: John Hayford, OUA Basil Coule, OUA Roy Reno, OUA Kristy Hamblen, OUA Tom Conley, OUA Chairperson Clay addressed Agenda Item No. 2 'Meeting Minutes from November 10, 2014' Motion by Noel Chandler to approve the Meeting Minutes from November 10, 2014 as presented. Second by Steve Nelson. Vote unanimous (5 -0), motion carried. Chairperson Clay addressed Agenda Item No. 3 'Employee Recognition' Chairperson Clay presented Scott Boyer with a Certificate and check in appreciation for his 5 years of service to the OUA. Chairperson Clay addressed Agenda Item No. 4 'Consent Agenda' Motion by Steve Nelson to approve the Consent Agenda as follows: Consent Agenda Item No. 5 'Finance Report for the period ending November 30, 2014' Consent Agenda Item No. 6 'Finance Report for Pine Ridge Park for the period ending November 30, 2014' Consent Agenda Item No. 7 'Invoice from Alcalde and Fay in the amount of $3,261.11' Consent Agenda Item No. 8 Invoice from Jay A. Cohen, P.A. in the amount of 3,562.50' Consent Agenda Item No. 9 'Invoice from Melville and Sowerby in the amount of $12,741.49' Consent Agenda Item No. 10'2015 OUA Meeting Dates' Consent Agenda Item No. 11' 2015 OUA Holidays' Page 1 of 4 Okeechobee Utility Authority Meeting Minutes December 9, 2014 Second by Noel Chandler. Vote unanimous (5 -0), motion carried. Chairperson Clay addressed Agenda Item No. 12 'Large Generator Warranty' Executive Director Hayford advised that the OUA currently has two generators without warranties. Staff contacted two companies to find out the cost to warranty the generators. Thomas Hoover in at 8:44AM. Tommy Clay advised that the oil sampling needs to be quarterly not yearly. Director of Operations advised that the PM 1 can be added at an additional price. The Board advised requested the number to upgrade to PM 1. Roy Reno to get the number and bring it back to the Board later in the meeting. Chairperson Clay addressed Agenda Item No. 13 'Annual Employee Bonus' Executive Director John Hayford advised that a 2% Employee Bonus was approved in the FY2015 Budget. In the past the Board has directed Staff to distribute the bonus prior to Christmas. Staff is prepared to distribute the bonus today at the company Christmas luncheon should the Board approve the distribution. Motion by Noel Chandler to approve the distribution of the 2% bonus to the employees today at the company Christmas luncheon. Second by Steve Nelson. Vote was as follows: Melanie Anderson Yes Noel Chandler Yes Tommy Clay Yes Thomas Hoover No Steve Nelson Yes Motion carries (4 -1), super majority rule. Chairperson Clay addressed Agenda Item No. 14 'Agricultural Lease Template' Executive Director Hayford advised that the current lease on 66 acres expires at the end of January 2015. This template was patterned after the 100 acre lease. Attorney Tom Conely advised that there is a "Right of First Refusal" included in this lease template. Harry Moldenhauer in at 8:52AM. Motion by Thomas Hoover to approve the Agricultural Lease Template as presented. Second by Noel Chandler. Thomas Hoover advised that staff needs to have the fence moved closer to the house to allow more room for grazing and less maintenance for the property around the house. Executive Director Hayford advised that staff will have the fence moved. Vote unanimous (5 -0), motion carried. Chairperson Clay addressed Agenda Item No. 15 Water Resources and Development Act of 2014' Executive Director advised that a request was made to the U.S. Army Corps of Engineers to consider the OUA project to eliminate approximately 1,600 septic tanks which would then be connected to a centralized wastewater collection system. Staff will continue to obtain additional letters of support from other Governmental agencies for the OUA to receive funds to pay down the cost of this project. Motion by Thomas Hoover to approve the letter content as presented. Second by Steve Nelson. Vote unanimous (5 -0), motion carried. Chairperson Clay addressed Agenda Item No. 12 'Large Generator Warranty' Roy Reno advised that adding the PM 1 to warranty will increase the overall price by $6,000.00. After a Page 2 of 4 • Okeechobee Utility Authority Meeting Minutes December 9, 2014 brief discussion the Board tabled this item to allow for the Attorney's review of the contract and what all is included in the warranty. Chairperson Clay addressed Agenda Item No. 16 'Meter Reading Equipment and Software' Executive Director Hayford advised that OUA service contract for the meter reading equipment and software has expired. The software is due for replacement since a newer version is available. The meter reading equipment is also due for replacement since the model is no longer made and replacement parts are harder to find. Sunstate Meter and Supply, Inc. for Neptune meter reading software and equipment has submitted a quote in the amount of $17,900.00. Motion by Thomas Hoover to approve the purchase of the meter reading equipment and software from Sunstate Meter and Supply, Inc. in the amount of $17,900.00. Second by Steve Nelson. Vote unanimous (5 -0), motion carried. Chairperson Clay addressed Agenda Item No. 17 'Items from the Attorney' Attorney Conely gave an updated on the Seacoast v. OUA lawsuit /settlement. Chairperson Clay addressed Agenda Item No. 18 'Items from the Executive Director' • OUA Board appointment to the Pension Board — Executive Director Hayford advised that it is necessary for the OUA to appoint a trustee to the OUA /City of Okeechobee Pension Board. Robert Ellerbee is the current appointed trustee. Mr. Ellerbee in willing to continue on the OUA /City Pension Board should the Board choose to appoint him. Motion by Thomas Hoover to appoint Robert Ellerbee to the OUA /City of Okeechobee Pension Board. Second by Noel Chandler. Vote unanimous (5 -0), motion carried. • Invoice from Eckler Engineering — WTP Softening — Executive Director Hayford advised that Eckler Engineering submitted an invoice in the amount of $9,808.00, late for the Board's approval, should the Board choose to review the invoice. Motion by Noel Chandler to approve the invoice from Eckler Engineering for the WTP Softening in the amount of $9,808.00 as presented. Second by Steve Nelson. Vote unanimous (5 -0), motion carried. • The office remodeling should be completed by the January 2015 Board Meeting. • The OUA Annual Company Christmas luncheon is scheduled for today at 12:30PM at the OUA Maintenance Barn. Chairperson Clay addressed Agenda Item No. 19 'Items from the Board' • Resignation of Noel Chandler — Chairperson Clay read the Letter of Resignation that was submitted by Noel Chandler. Noel Chandler advised that he has learned a lot during his time on the OUA Board. He further advised that he would like to the OUA reduce the Capital Connection Charge as the County, City and School Board has waived the impact fees. Executive Director Hayford reminded the Board of the 12 month reduction in the Capital Connection Page 3 of 4 Okeechobee Utility Authority Meeting Minutes December 9, 2014 Charges for water and sewer. The difference between the County /City /School Board impact fees and the OUA Capital Connection Charge is, the OUA uses the money to reduce debt from completed projects. The County /City /School Board uses impact fees for future projects. Chairperson Clay presented Mr. Chandler with a plaque and thanked him for his service to the OUA Board. There being no other business, meeting adjourned at 9:42 A.M. PLEASE TAKE NOTICE AND BE ADVISED that if a person decided to appeal any decision made by the Okeechobee Utility Authority with respect to any matter considered at this meeting, he /she may need to insure that verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. A CD recording of this meeting is on file in the Executive Director's office. Chairperson Executive Director (Secretary) Page 4 of 4 UP ttLtiUtitt 1..UUt1 I Y F'RUPLR 1 Y /APPRAISER'S OFFICE G•i :; C.)Eic-74,--,177.: !c QA* BiLL:SHERIVLF.I. PROPERTY APPRAISER 31110 Family esidentia Single Family Residential Single Fam,L Single Farniiyi 'Residential Single Fam'ly sidentiai mPrc; -11 Commercia • Rick A. and Bonita } . ?_.lghtsey - Future Land Use Amendment Surrounding Property Owners FLU Exhibit ate: 3121.2/5 krro- 1 t.riut_c rm..) rEtt IT /1,',)14PPINC.--:' DER4R7';10%,'T 'BILL SHERMAN. PROPERTY APPR!'..ISER Residential Abler.,7"- lProfessio! al Single Family c7E;sidential 17. &Cwak:,*:!!' • v.& IT • ri Ingle Family' it-<.esidential Note:: ::'-::ubject property. blue - 4.44t.,71e0-7-, iffr • Single Famliv Residential Rick A. a : . flita B. Lightey - Future Land Use Amendment Surrounding Property Owners Zoning Exhibit III 1.111111- _ . A; RL:FS' Cats.: S.:21 2314 J.CLII11111g' Management Set-vices, Inc. Exhibit 1 Memorandum To: Planning Board From: Bill Brisson, AICP Date: January 8, 2015 Subject: Explanation of items included in Ordinance 1119 Over the past couple years a variety of issues have arisen, most recently interest in opening a pet grooming business and expanding an existing taxidermy business. Both of these issues required establishing definitions, recognizing the zoning districts in which they would be allowed, and, in the instance of pet grooming, establishing supplemental regulations. Since these were to be considered at the January Planning Board meeting, it was decided that we should also include other changes to existing definitions or the addition of needed new definitions. Ordin- ance 1119 incorporates these changes. The following materials provide explanations of why each new or modified definition is being addressed. Our introductory comments or other notations are shown in Arial typeface. Existing and pro- posed LDR text are shown in standard Times Roman typeface. As usual, we identify language to be deleted in strikeeut format and new language is underlined. For ease of reference, pro- posed definitions have been grouped such that related definitions are addressed at the same in time in this memorandum time. 1. Adult gaming centers. While the State Legislature has passed legislation clarifying that certain types of adult gaming centers are no longer allowed by virtue of their having been declared illegal gambling establishments, and the proliferation of such establishments seems unlikely, certain precautions may still need to be taken. In the event businesses are successful in circumventing the intent of the law, it may be prudent to initiate provisions in the LDRs that will mitigate unwanted impacts. The first step in this process is to add the following definition for adult gaming centers. Adult gaming center means an establishment that provides consoles, seating or stations for an individual to participate in video gaming, internet gaming, or other forms of games of chance where the individual is charged for the use of the video console or computer game or station and prizes are awarded in any form. This definition specifically excludes games of skill and entertainment as are typically found in video and entertainment arcades catering primarily to minors. Providing Planning and Management Solutions for Local Governments Since 1988 1375 Jackson Street, Suite 206 Fort Myers, FL 33901 239 -334 -3366 www.larueplanning.com 2. Convenience store and convenience store with gas pumps There are no definitions for the �r "`C uses. Definitions are needed to differentiate between the classic auto service station and a convenience store with gas pumps. Although they still exist, we seldom see new versions of what many of us grew up to know as the auto service station as it is presently defined in the LDRs. Rather, new establishments selling gasoline and diesel fuels now almost invariably take the form of motor fuel pumps (gas and diesel) associated with a convenience store. Consequently, we need to add definitions for convenience stores and convenience stores with gasoline and diesel automotive fuel pumps, to differentiate them from each other and from auto service stations. The following new definitions are proposed: a. Convenience store means a retail establishment offering for sale prepackaged food products, beverages, household items, newspapers and magazines, sandwiches and other freshly prepared foods for consumption off the premises. b. Convenience store with fuel pumps means a convenience store providing gasoline and /or diesel fuel pumps for the fueling of automotive vehicles, and which may also stock within the principal structure and offer for sale prepackaged motor oil and other small prepackaged automotive - related accessories. 3. Indoor auction house While out -door auctions are regulated under §90 -667, the City has no provision regarding an in -door auction house as an allowable use. It is our understanding that in the past a Business Tax Receipt (BTR) has been issued for an auction house under the category of a retail use. Because an indoor auction house can be a very intensive use, attracting greater numbers of persons than are normally associ- ated with a similarly sized conventional retail use, we believe it should be a separate commercial use unto itself. The following definition is proposed for an indoor auction house. Auction house (indoor), means place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other. This definition does not include outdoor or open -air auctions where vehicles, farm and construction equipment and the like are auctioned. Serving Florida Local Governments Since 1938 2 4. Mechanical and repair services, pet grooming, and taxidermist. City Staff have, on occasion, had to make decisions regarding the permissibility of specific businesses for which there are no clear definitions or indications as to what use category the business belongs. In the case of mechanical and repair services portions of the current definition are inappropriate. We recommend modifying or adding the following definitions to §66 -1 and, in the case of pet grooming and taxidermist, regulatory provisions are also proposed: a. Services, mechanical and repair means establishments including machinery servicing and repair, or service garage, motor vehicle paint and/or body shop, motor vehicle or trailer rental, veterinafian, printer, auction house, salvage yard, and similar service uses. b. Pet grooming means an establishment providing for the hygienic care and cleaning of a domestic pet, usually dogs, cats, and sometimes birds, and includes the preparation or enhancement of a pet's physical appearance for "showing" or other types of competition. Pet grooming is proposed as a permitted use in Sections. 90 -252 and 90 -282 (the CLT and CI-IV Districts, respectively) and new supplementary regulations for pet grooming are proposed to be added as follows: Sec. 90 -704. Pet grooming Pet grooming requirements shall be as follows: f 1) Lot and structure requirements shall be as by the district in which the use is located. (2) Additional requirements shall be as by the district in which the use is located. (3) Special conditions and limitations. a. No pets shall be kept on the premises overnight. b. Pets shall at all times be kept within the principal building. c. Taxidermist means an establishment wherein the act of reproducing a life -like three - dimensional representation of an animal for permanent display is undertaken. In some cases, the actual skin (including the fur, feathers or scales) of the specimen is preserved and mounted over an artificial body. In other cases, the specimen is reproduced completely with man -made materials Taxidermist establishment is proposed as a Special Exception use in Sec. 90 -253 (CLT District) and a Permitted use in Sec. 90 -292 (the CI-IV District). Serving Florida Local Governments Since 1988 3 5. Motel and Recovery /sober home There is one motel in town that has been used as a recovery center for persons after treatment at an alcohol or drug rehabilitation center. Apparently, it was decided that because a recovery center provides only transient accommodations without cooking facilities in individual rooms that it qualifies as a motel according to the current definition. We believe this is not the intent of the definition of a motel and have proposed the following definitions to clarify that motels and recovery centers /sober homes are not the same. a. Motel means an establishment containing sleeping accommodations for transient guests, which has individual entrances from the outside to serve each room, generally with no provisions made for cooking in individual rooms, and which may have a restaurant and indoor recreation as accessory uses. Recovery centers /sober homes are not motels. b. Recovery center /sober home means a facility, used by addicts recovering from substance abuse, which serves as an interim environment between rehab and a return to their former lives. These facilities provide a safe and supportive place in which people can live while they are in recovery and are primarily meant to provide housing for people who have just come out of rehab (or recovery centers) and need a place to live that is structured and supporting for those in recovery. A recovery center /sober home is not a group home because it is not licensed by a state or federal agency. 6. Separate alcohol and drug rehabilitation centers from the general category of "Group homes." The City has, in the past, recognized alcohol and drug rehabilitation /detox centers as falling within the general category of group homes. However, this specific form of a group home has different characteristics and impacts than other group homes or rehabilitation centers. Therefore, we suggest modifying the definition of "Group home" to specifically exclude alcohol and drug rehabilitation /detox centers and to add a new definition for alcohol and drug rehabilitation /detox center, to read as follows: a. Group home means a building designed or used as permanent or temporary living quarters for six or more unrelated persons in which individual cooking facilities are not provided. Included in such designation, but not limited to, are such facilities as residential facilities and comprehensive transitional education programs under F.S. ch. 393; domestic violence centers under F.S. ch. 415; community residential homes in excess of six persons under F.S. ch. 419; and such similar facilities as authorized by law, and for which licensing is first required by law, and for which licensing is first required by the state department of children and families and/or the agency for health care administration, or other state or federal agency. This definition speci- fically excludes alcohol and drug rehabilitation/detox centers. Serving Florida Local Governments Since 1988 4 b. Alcohol and drug rehabilitation center /detox center means a facility providing an active rehabilitation treatment program run throughout the day, where the residents receive intensive individual and group counseling for their substance abuse. Resi- dents typically stay for one to six months. 7. Storefront church Ordinance 1070 adopted on January 18, 2011 allows storefront churches. Under the current definition, a storefront church is "a house of worship located in a unit in a multi -use commercial building or commercial shopping center." The intent is to provide an alterna- tive for a very small house of worship that would not need the much greater land area required for more conventional churches. It was expected that the storefront church would occupy only one of the units in a multi -use building. In order to ensure that this intent is clear, we think it prudent to define a storefront church more specifically to read as follows: "Storefront church, means a house of worship located in a one and only one unit in a multi -use commercial building or a commercial shopping center containing at least three individual units." 8. Temporary uses and structures As now written, the regulations are unclear as to the difference between temporary structures and temporary uses and therefore recommend adding the following new definitions to Section 66 -1: a. Structure, temporary, means a structure that is erected without any foundation or footings and is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. b. Use, temporary, means an outdoor use or activity which is permitted only for a limited time such as promotional events, tent sales, charity events, craft or art fairs, car shows, or other similar uses. Temporary uses are subject to specific regulations and permitting procedures. c. Temporary portable storage container, means a self - contained storage unit designed to be delivered to a site by a separate vehicle where it is removed from the vehicle and left at the site. Once on the site, it is used as temporary, short -term storage shelter. It may also be loaded with material and then transported by separate vehicle to an off -site storage location for longer periods of time. i jj Serving Florida local Governments Since 1938 0 0 0 a o 0 O O O O O O O N O O N F, O O O N G1 O N O O 01 N 0 0 J N . 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N 03 N 00 241 N C71 lot N A N-- 0) CO N 00 -1 03 N A N O A NOSI?JVd WO3 S1VJOl lI V I3d AlMV3A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOB MARTINEZ CENTER 2600 BLAIR STONE ROAD TALLAHASSEE, FLORIDA 32399 -2400 Via E -mail: bhitehaIk cityofokeechobee.com January 12, 2015 Mr. Brian Whitehall City of Okeechobee 55 S.E. 3'd Street Okeechobee, FL 34974 RE: TMDL Water Quality Restoration Grant Dear Mr. Whitehall: RICK SCOTT GOVERNOR CARLOS LOPEZ- CANTERA LT. GOVERNOR JONATHAN P. STEVERSON SECRETARY Thank you for submitting the project entitled "Okeechobee Taylor Creek Park TMDL NPS Load Reduction" for funding consideration from the FY2015 TMDL Water Quality Restoration Grant. The Department received several project proposals requesting approximately $11,050,008 in funding for the month of November 2014. Unfortunately, the Department is not able to fund this project at this time. For future grant consideration, this application will roll over to the March 2015 review or you may choose to submit an updated application to the Department. Should you choose to submit an updated application and Supplemental Form please mark "updated FY15 TMDL Grant application with the name of the project" in the subject line of the e-mail. If you have had any change in status of the project (i.e. Permitting status, % design status, etc.), you will need to submit an updated application as well as an updated Supplemental Form. If you would like to discuss your project's ranking, please feel free to contact me at (850) 245 -8505. We appreciate your interest in and support of Florida's nonpoint source management program. Please do not hesitate to contact me if you have any questions. Sincerely, Connie Becker Water Quality Restoration Program Division of Environmental Assessment and Restoration Connie.L.Becker @dep.state.fl.us CC: Kate Brackett, FDEP Non Point Source Management Section www.dep.statell.us us