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2015-05-05CALL TO ORDER - Mayor May 5, 2015, City Council Regular Meeting, 6:00 P.M. CITY OF OKEECHOBEE MAY 5, 2015 REGULAR CITY COUNCIL MEETING 55 SE 3RD AVENUE * COUNCIL CHAMBERS * OKEECHOBEE, FL 34974 SUMMARY OF COUNCIL ACTION Mayor Kirk called the May 5, 2015, Regular City Council Meeting to order at 6:00 P.M. PAGE 1 OF 15 II. OPENING CEREMONIES Invocation; Pledge of Allegiance led by Mayor. The invocation was offered by Council Member Watford; the Pledge of Allegiance was led by Mayor Kirk. 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. V. PRESENTATIONS AND PROCLAMATIONS A. Present a Fifteen -Year Longevity Service Award to Dawn Wendt. City Clerk Gamiotea called the roll: Present Present Present Present Present Present Present 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. New Business Item H.2 was added, Public Risk Management designees, Exhibit 12. Police Sergeant Dawn Wendt was recognized by Chief Davis and Mayor Kirk for her fifteen years of longevity service. She was presented with a crystal mantle clock with her name and years of service engraved and a framed Certificate which read "in Recognition of your 15-years of Service, Hard Work, and Dedication to the City its citizens, and your fellow employees, from May 1, 2000, to May 1, 2015." MAY 5, 2015 - REGULAR MEETING - PAGE 2 OF 15 385 II AEA III COUNCILAgra- �►Cs�� il f ll V. PRESENTATIONS AND PROCLAMATIONS CONTINUED B. Proclaim May 7, 2015, as "National Mental Health Awareness Day." C. Proclaim the month of May 2015 as "Mental Health Awareness Month." Mayor Kirk proclaimed May 7, 2015, as National Mental Health Awareness Day. Ms. Rosanna Gonzalez was present for the presentation. The decree was read in its entirety as follows: "WHEREAS, addressing the complex mental health needs of children, youth, and families today is fundamental to the future of the City of Okeechobee; and WHEREAS, the need for comprehensive, coordinated mental health services for children, youth, and families places upon our community a critical responsibility; and WHEREAS, it is appropriate that a day should be set apart each year for the direction of our thoughts toward our children's mental health and well-being; and WHEREAS, the Frances Langford Children's Center at New Horizons of the Treasure Coast, Inc. through its unique approach to serving children and adolescents ages 6 - 17 in crisis, effectively cares for the mental health needs of children, youth, and families in our community. NOW THEREFORE,1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim May 7, 2015 as "NATIONAL MENTAL HEALTH AWARENESS DAY" in the City of Okeechobee, and urge our citizens and all agencies and organizations interested in meeting every child's mental health needs to unite on that day in the observance of such exercises as will acquaint the people of the City of Okeechobee with the fundamental necessity of a year-round program for children and youth with mental health needs and their families." Mayor Kirk proclaimed May 2015 as Mental Health Awareness Month. Suncoast Mental Health Center representatives Mr. Art Ciasca, Chief Executive Officer, Board Member Mr. David Cook, Volunteer Mrs. Karen Cook; and Director of Outreach Ms. Deb Pizzimenti were present to receive the presentation. The decree was read in its entirety as follows: "WHEREAS, mental health is part of overall health; and WHEREAS, mental health helps to sustain an individual's thought processes, relationships, productivity and ability to adapt to change or face adversity; and WHEREAS, mental illness adversely affects those abilities and often is life -threatening in nature; and WHEREAS, one in four adults experiences mental health problems in any given year and such problems can contribute to onsetofinental illness; and WHEREAS,11.4 YOUTH TO AGE 24 COMMITS SUICIDE EVERYDAY IN THE United States and Okeechobee County has a 17.7 percentage annual statewide suicide rate; and WHEREAS, one in 17 adults lives with mental illness such as major depression, bipolar disorder or schizophrenia; and WHEREAS, early identification and treatment can make a profound difference in s _ess1W managemant ofinentalillness.andrecoyery-b(OJII[_THEREFORE,], James E Kirk by_vkfue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim the month of May 2015 as "MENTAL HEALTH AWARENESS MONTH" in the City of Okeechobee, to increase public understanding of the importance of mental health and to promote identification and treatment of mental illnesses." Ap MAY 5, 2015 - REGULAR MEETING - PAGE 3 OF 15 V. PRESENTATIONS AND PROCLAMATIONS CONTINUED D. Proclaim the week of May 3 - 9, 2015, as "Municipal Clerks Week." Mayor Kirk proclaimed May 3 to 9, 2015, as Municipal Clerks Week, reading the decree as follows: "WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government atotherlevels; and WHEREAS, Municipal Clerks have pledged to be evermindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through' participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW THEREFORE,1, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby proclaim May3 through May 9, 2015, as "MUNICIPAL CLERKS WEEK," and further extend appreciation to our Municipal Clerk, Lane Gamiotea, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent." VI. MINUTES - City Clerk A. Motion to dispense with the reading and approve the Summary of Council Motion and second by Council Members Chandler and Ritter to dispense with the reading and approve the Summary Action for the April 7, 2015, Regular Meeting. I of Council Action for the April 7, 2015, Regular Meeting. There was no discussion. VII. WARRANT REGISTER - City Administrator A. Motion to approve the March 2015 Warrant Register: General Fund.......................................$399,681.65 General Fund (Centennial Account) ................. $ 5,926.06 Public Facilities Improvement Fund ...................... $ 60,038.33 Capital Improvement Projects -Impact Fee Fund ............ $ 62,806.55 Capital Improvement. Projects Fund ..................... $284,115.54 Law Enforcement Special Fund ......................... $ 50.00 KIRK - YEA RITTER - YEA CHANDLER -YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. Motion and second by Council Members Watford and O'Connor to approve the March 2015 Warrant Register in the amounts: General Fund, three hundred ninety-nine thousand, six hundred eighty-one dollars and sixty-five cents ($399,681.65); Centennial Account of the General Fund, five thousand nine hundred twenty-six dollars and six cents ($5,926.06); Public Facilities Improvement Fund, sixty thousand, thirty-eight dollars and thirty-three cents ($60,038.33); Capital Improvement Projects -Impact Fee Fund, sixty-two thousand, eight hundred six dollars and fifty-five cents ($62,806.55); Capital Improvement Projects Fund, two hundred eighty-four thousand, one hundred fifteen dollars and fifty-four cents ($284,115.54); and Law Enforcement Special Fund, fifty dollars ($50.00). There was no discussion. VOTE KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. U MAY 5, 2015 - REGULAR MEETING - PAGE 4 OF 15 VIII. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor Kirk A.1.a) Motion to read by title only, proposed Ordinance No. 1121 regarding Comprehensive Plan Small Scale Future Land Use Map Amendment, Application No. 15-001-SSA, reclassifying 5.01+/- unplatted acres, from Okeechobee County URMU to City Commercial located between the Okeechobee Health Care Facility and Taylor Creek.- City Planning Consultant (Exhibit 1). Local Planning Agency recommends approval b) Vote on motion to read by title only. c) City Attorney to read proposed Ordinance No. 1121 by title only 2.a) Motion to adopt proposed Ordinance No. 1121. b) Public comments and discussion. MAYOR KIRK OPENED THE PUBLIC HEARING AT 6:19 P.M. Motion and second by Council Members Ritter and O'Connor to read by title only, proposed Ordinance No. 1121 regarding Comprehensive Plan Small Scale Future Land Use Map (FLUM) Amendment, Application No.15-001-SSA, reclassifying 5.01+/- unplatted acres, from Okeechobee County Urban Residential Mixed Use to City Commercial located between the Okeechobee Health Care Facility (1650 U.S. Highway 441 North) and Taylor Creek. KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1121 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDAAMENDING THE CITYOF OKEECHOBEE COMPREHENSIVE PLAN, ORDINANCENO. 635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE PARTICULARLY DESCRIBED HEREIN FROM OKEECHOBEE COUNTY URBAN RESIDENTIAL MIXED USE TO CITYOF OKEECHOBEE COMMERCIAL; PROVIDING FOR INCLUSION OF ORDINANCEAND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE." Motion and second by Council Members O'Connor and Chandler to adopt proposed Ordinance No. 1121. Mr. Bill Brisson, City Planner of LaRue Planning and Management Services, 1375 Jackson Street, Suite 206, Fort Myers, Florida, presented the Planning Staff Report findings. The application, based on expanding the existing nursing home/assistant living facility, is consistent with the City's Comprehensive Plan, specifically within the Future Land Use (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. Regarding the adequacy of public facilities, the applicant submitted letters from the Okeechobee Utility Authority confirming the sufficient capacity to provide the needed potable water and wastewater treatmentservices-It_appexs-thelmtof_ traffic nerated_wlll have a minimal impact on North Parrott Avenue (U.S. Highway 441). The County recently confirmed a considerable level of excess capacity available to serve the solid waste disposal needs in the City. During site plan review, drainage standards required by the City and South Florida Water Management District will be addressed. The properties contain no environmentally sensitive areas, valuable habitat or other physical attributes that would limit development. MAY 5, 2015 - REGULAR MEETING - PAGE 5 OF 15 VIII. PUBLIC HEARING FOR ORDINANCE ADOPTION CONTINUED A.2.b) Public comments and discussion continued, proposed Ordinance No. Given the County's FLU designations of Commercial Corridor Mixed Use and Urban Residential Mixed Use currently 1121. applied to the surrounding unincorporated properties, there is no significant detrimental effect upon those properties as the result of a Commercial FLU designation for the subject properties under the City's Comprehensive Plan. The Planning Board acting as the Local Planning Agency recommends approval. c) Vote on motion. Council Member Watford inquired whether the effective date of the proposed ordinance is compatible with the related voluntary annexation and rezoning. Planner Brisson answered, the effective date of this plan amendment shall be thirty-one days from this adoption, unless it is timely challenged, plus it is also contingent upon the approval of the voluntary annexation, as well as the related Rezoning Petition, No.15-002-R, which are to be considered at the May 19, 2015, Public Hearing. Mayor Kirk asked whether there were any questions or comments from the public. There were none. KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA CLOSE PUBLIC HEARING - Mayor III MAYOR KIRK CLOSED THE PUBIC HEARING AT 6:25 P.M. IX. UNFINISHED BUSINESS O'CONNOR - YEA MOTION CARRIED. A. Consider a request submitted by the Kiwanis Club of Okeechobee for A proposed special needs playground to be located in Park F of FLAGLER PARKS, had been discussed at length, preliminary approval of construction of a special needs playground in Flagler at the April 7, 2015, meeting. City Staff was directed to review the project from a technical standpoint since there was Park No. 6 - J.D. Mixon (Exhibit 2). some confusion in regards to where the playground was proposed to be located. Any concerns would be addressed to Mr. J.D. Mixon prior to the final approval being considered. According to Administrator Whitehall's memorandum, Exhibit 2, Staff is in favor of the proposed amenity as it will increase the value and quality of life desirability of the City. The two major concerns were the location and unbudgeted expenses. Staff recommends it be relocated from the East - end to the West -end of Park F (a/k/a Park No. 6), in order to provide a larger area and accommodate parking concerns. Council Member Watford disclosed he is an active member of the Kiwanis Club, and was in attendance when this project was discussed but did not vote. He then offered this should be a Slam Dunk decision, as the funding has been provided, and there is support from the community and business owners, but unfortunately it is not. Although not keen on the location, this could be advantageous for the City. Should the City not approve the proposed location, what would be the outcome of the project. MAY 5, 2015 - REGULAR MEETING - PAGE 6 OF 15 3 31� e IX. UNFINISHED BUSINESS CONTINUED A. Consider a request for preliminary approval of construction of a special needs Mayor Kirk and Council commended Mr. Mixon and the Kiwanis Club on this project, but expressed their struggle with playground in Flagler Park 6 continued. the safety of the location. The Council discussed and recommended the use of the already established County Parks and Recreation Playground and Skateboard Park, located at 350 Northwest 61h Avenue, as it has some fencing and is not next to a State Road. Mr. Mixon reiterated that the reason they chose Flagler Park was in consideration of safety. "When there are festivals in the park, there is no safe place for children without total supervision. Safety is of the utmost importance, as a concerned citizen, and as a parent, and this playground will provide an enclosed safe area." Also, it would provide an area without having to cross State Road 70 to get to the play areas on the North side of town. Mrs. Shelly Sickels, a teacher at Central Elementary School, encouraged approval as it will provide a much needed venue for activities and field trips for students. Police Chief Davis articulated his concern of the use of the Skateboard Park being in an isolated location. Even though it is located near the Sheriff's Office, their facility provides no windows facing the park, nor are their deputies patrolling the area, as it is out of their jurisdiction. He then advised predators are drawn to areas where children gather and for protection and safety would prefer the park be located in an area which is open and very visible to the public and to the City Police Officers. Council Member Ritter disclosed he is a member of the Kiwanis, and even though he was not present at the meeting, he has discussed the project with Mr. Mixon. He is in favor of the park being moved to the West -end and from a safety standpoint, this location is as safe as any other. Following a lengthy discussion, Council Member Watford moved to grant the preliminary approval of construction of a special needs playground on the West -side of Park FINo. 6, of FLAGLER PARKS, City of Okeechobee, Plat Book 5, Page 5, Okeechobee County Public Records, seconded by Council Member Ritter. Mayor Kirk noted Chief Davis' statements and recommendation bears a significant amount of consideration to delober2to decisiom Hewever;-CoundMembiQ 0' th&objecti©nststhe citing safety, maintenance and liability issues. VOTE KIRK - YEA CHANDLER - NO O'CONNOR - NO RITTER - YEA WATFORD - YEA MOTION CARRIED. -�9c MAY 5, 2015 - REGULAR MEETING - PAGE 7 OF 15 X. NEW BUSINESS A.1.a) Motion to read by title only, and set May 19, 2015, as a final public hearing date for proposed Ordinance No. 1122 regarding Rezoning Petition No. 15-001-R, re -designating 1.628 +/- unplatted acres from Commercial Professional Office to Heavy Commercial located between U.S. Highway 441 North and the Okeechobee Health Care Facility (1646 U.S. Highway 441 North) - City Planning Consultant (Exhibit 3) Planning Board recommends approval. b) Vote on motion to read by title only, and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1122 by title only. 2.a) Motion to approve the first reading of proposed Ordinance No. 1122. b) Public comments and discussion. c) Vote on motion. Council Member O'Connor moved to read by title only, and set May 19, 2015, as a final public hearing date for proposed Ordinance No. 1122 regarding Rezoning Petition No. 15-001-R, re -designating 1.628 +/- unplatted acres from Commercial Professional Office to Heavy Commercial located between U.S. Highway 441 North and the Okeechobee Health Care Facility (1646 U.S. Highway 441 North); seconded by Council Member Watford. VOTE KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1122 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 COMMERCIAL PROFESSIONAL OFFICE TO HEAVY COMMERCIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." Motion and second by Council Members Chandler and O'Connor to approve the first reading of proposed Ordinance No. 1122. Mr. Brisson reviewed the Planning Staff Report and recommendation for approval by the Planning Board. The property is intended to accommodate a new parking lot for the nursing home, and has already undergone Site Plan Review with approval by the Technical Review Committee with minor modifications. He further explained the petition meets all the required Land Development Regulations. Mayor Kirk asked whether there were any questions or comments from the public. There were none. VOTE KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. MAY 5, 2015 - REGULAR MEETING - PAGE 8 OF 15 391 X. NEW BUSINESS CONTINUED B.1.a) Motion to read by title only, and set May 19, 2015, as a final public hearing date for proposed Ordinance No. 1123 regarding Rezoning Petition No. 15-002-R, redesignating 5.01+/- unplatted acres from Okeechobee County Zoning Neighborhood Commercial Two and Agriculture to City Heavy Commercial located between the Okeechobee Health Care Facility (1650 U.S. Highway 441 North) and Taylor Creek.- City Planning Consultant (Exhibit 4) Planning Board recommends approval. b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1123 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1123 b) Public comments and discussion. c) Vote on motion. Council Member O'Connor moved to read by title only, and set May 19, 2015, as a final public hearing date for proposed Ordinance No. 1123 regarding Rezoning Petition No.15-002-R, redesignating 5.01+/- unplatted acres from Okeechobee County Zoning Neighborhood Commercial Two and Agriculture to City Heavy Commercial located between the Okeechobee Health Care Facility (1650 U.S. Highway 441 North) and Taylor Creek; seconded by Council Member Watford. VOTE KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1123 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 TWO VACANT UNPLATIED PARCELS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, EAST PARCEL ONE, FROM OKEECHOBEE COUNTYZONING NEIGHBORHOOD COMMERCIAL -TWO TO CITY OF OKEECHOBEE HEAVY COMMERCIAL ZONING DISTRICT, AND NORTH PARCEL TWO, OKEECHOBEE COUNTY ZONING AGRICULTURE TO CITY OF OKEECHOBEE HEAVY COMMERCIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE." Motion and second by Council Members Chandler and Watford to approve the first reading of proposed Ordinance No. 1123. Mr. Brisson presented the Planning Staff Report and recommendation for approval by the Planning Board. This property is subject of the preceding Comprehensive Plan Small Scale FLUM Amendment, Application No.15-001-SSA. Further, the application is contingent upon annexation approval. The proposed use is for the expansion of the Okeechobee Health Care Facility. Mayor Kirk asked whether there were any questions or comments from the public. There. werewta. Council Members Watford and Ritter_auestioned the effective and final public hearing date in conjunction with the annexation and the Small Scale Future Land Use approval. Attorney Cook answered, the dates have been set to coordinate accordingly. KIRK - YEA RITTER - YEA CHANDLER -YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. 392 MAY 5, 2015 - REGULAR MEETING - PAGE 9 OF 15 X. NEW BUSINESS CONTINUED CA.a) Motion to read by title only, and set May 19, 2015, as a final public hearing Council Member Ritter moved to read by title only, and set May 19, 2015, as a final public hearing date for proposed date for proposed Ordinance No. 1124, abolishing the creation and Ordinance No.1124, abolishing the creation and regulations for implementing and collecting Impact Fees; seconded regulations for implementing and collecting Impact Fees - City Planning by Council Member O'Connor. Consultant (Exhibit 5) Planning Board recommends approval. b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1124 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1124 b) Public comments and discussion. c) Vote on motion. VOTE KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1124 by title only as follows: "AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, RESCINDING ORDINANCE 985, WHICH CREATED CODE BOOK CHAPTER 71 IMPACT FEES, AUTHORIZING INTERLOCAL AGREEMENTS TO ACCOMPLISH SAME; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE." Council Member Chandler moved to approve the first reading of proposed Ordinance No. 1124; seconded by Council Member O'Connor. Administrator Whitehall informed there has been an annual moratorium on the implementation of Impact Fees since May 17, 2011. The current moratorium expires June 30, 2015. The Planning Board, at their April 16, 2015, meeting, approved a recommendation to repeal the Impact Fee Assessment Regulations. The Okeechobee County School District and Board of County Commissioners have adopted ordinances that terminated their impact fee process. Council Member Watford stated, the popular opinion is to abolish the impact fees, but he is reluctant as they offered a method to capture costs for increased public facilities demands and service. The City has taken into consideration the downturn of the economy, and has accommodated by the implementation of the moratorium. His concern is since this is already set in motion, what will happen in the future. Administrator Whitehall eased his concern explaining an Impact Fee Study will be necessary, regardless of whether they are re -implemented today or in the future. Mayor Kirk asked whether there were any questions or comments from the public. There were none. KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR-YEA MOTION CARRIED. MAY 5, 2015 - REGULAR MEETING - PAGE 10 OF 15 393 X. NEW BUSINESS CONTINUED D.1.a) Motion to read by title only, and set June 16, 2015, as a final public Council Member O'Connor moved to read by title only, and set June 16, 2015, as a final public hearing date for hearing date for proposed Ordinance No. 1125, adopting FEMA proposed Ordinance No. 1125, adopting the Federal Emergency Management Agency's (FEMA) Regulations, Flood Regulations, Flood Zones and Maps.- City Planning Consultant (Exhibit Zones and Maps; seconded by Council Member Chandler. 6) Planning Board recommends approval. 11 b) Vote on motion to read by title only and set final public hearing date. c) City Attorney to read proposed Ordinance No. 1125 by title only 2.a) Motion to approve the first reading of proposed Ordinance No. 1125 b) Public comments and discussion. KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. Attorney Cook read proposed Ordinance No. 1125 by title only as follows: "AN ORDINANCE BY THE CITY COUNCIL OF THE CI TYOFOKEECHOBEEAMENDING THE CITYOFOKEECHOBEE CODE OF ORDINANCES TO REPEAL CHAPTER 82, ARTICLE V, SECTION 82-121 THROUGH 82-127; TO ADOPT A NEW CHAPTER 82, ARTICLE V, SECTION 82-121 THROUGH 82-127, TO ADOPT FLOOD HAZARD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPTPROCEDURESAND CRITERIA FOR DEVELOPMENTIN FLOOD HAZARD AREAS, AND FOR OTHER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE FLORIDA BUILDING CODE; PROVIDING FORAPPLICABILITY, REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE." Motion and second by Council Members Ritter and O'Connor to approve the first reading of proposed Ordinance No. 1125. Administrator Whitehall apologized for the unorthodox format of the proposed model ordinance, submitted by FEMA, and explained that the directive is to illustrate any amendments until preparation for final adoption. In developing the ordinance, FEMA prepared a statistical report called the Flood Insurance Study and composed new Flood Insurance Rate Maps for Okeechobee. Federal regulations require the City to adopt new legally enforceable flood plain management measures by July 16, 2015, as a condition of continued eligibility in the National Flood Insurance Program (NFIP) for our residents. The NFIP's aim is to reduce the impact of flooding on private and public structures by providing affordable insurance for property owners and by encouraging communities to adopt and enforce flood plain management regulations. He further explained, the City adopted Resolution No. 2014-08, August 19, 2014, subsidy effort to regulate the NFIP's solvency. The resolution was the beginning effort towards solving the hardship of identifying flood zones, and property owners trying to acquire flood insurance. This ordinance is the next step to finalizing the process. 394 MAY 5, 2015 - REGULAR MEETING - PAGE 11 OF 15 X. NEW BUSINESS CONTINUED D.2.b) Public comments and discussion continued, proposed Ordinance No. 1125. c) Vote on motion. E. Discuss Centennial Celebration Ad Hoc Committee voting member vacancy and consider an appointment - City Clerk (Exhibit 7). F. Okeechobee Mainstreet presentation of'Reimagine Our Downtown' and CRA presentation - Shade Turgeon, Executive Director (Exhibit 8). The Planning,Board approved a recommendation to adopt the floodplain management ordinance on April 16, 2015. Administrator Whitehall met with the City Building Official, Mr. Jeff Newell, the County Board of Commissioners, and the County Director of Planning and Development, Mr. Bill Royce, to review the proposed flood management practices. This draft was presented to the Department of Emergency Management, finding the amendments sufficient. Mayor Kirk asked whether there were any questions or comments from the public. There were none. KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. There was no documentation provided for Exhibit 7, rather City Clerk Gamiotea offered that Antoinette Rodriguez, a voting member of the Centennial Celebration Ad Hoc Committee (CCAHC), resigned. There are four Advisory Members, one of which, Mr. Justin Domer, requested to be considered to replace Ms. Rodriguez's term. Ms. Rodriguez was appointed mainly due to her being the Executive Director of the Chamber of Commerce, the position has not been filled. However, they have representation on the CCAHC through Advisory Member, Mrs. Susan Giddings, who cannot be a voting member due to her conflicts with her business. The matter was discussed, it was noted that since we are now halfway through the responsibilities and terms, it would not be necessary to advertise to fill the position since Mr. Domer is willing, and has been involved since the onset. Council Member Watford moved to appoint Mr. Justin Domer from CCAHC Advisory Non -Voting Member to a Regular Voting Members; seconded by Council Member Ritter. The fourth Advisory Members position will not be required to be filled. KIRK - YEA RITTER - YEA CHANDLER -YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. Administrator Whitehall's memorandum in Exhibit 8, explained Okeechobee Main Street (OKMS) is interested in rejuvenating the City's downtown area, and proposing a Community Redevelopment Area (CRA) project. Within a CRA, targeted areas must be identified, as well as the development plan. Also, a board of five to seven members must be designated. In most communities, the City Council acts as the Board, and appoints an Advisory Board, along with an Administrative Team, such as an Executive Director and Project Managers. Tax Incrementing Financing (TIF) is available to cities for redevelopment activities. The TIF revenue is produced by the increase in property tax generated over time from increased assessed value in the target area, and would be directed to a City TIF Fund. MAY 5, 2015 - REGULAR MEETING - PAGE 12 OF 15 395 11 X. NEW BUSINESS CONTINUED F. Okeechobee Mainstreet presentation of'Reim agine Our Downtown' and CRA OKMS Executive Director, Shade Turgeon, presented a proposed CRA project, "Reimagine Our Downtown" setting presentation continued. out that the City Council could serve as the CRA Board and appoint the Executive Board of OKMS as the CRA Advisory Board, with the Executive Director of OKMS assuming the responsibilities of the implemented plan, (CRA funding to begin at $20,000.00 for the Executive Director, supplemented by OKMS, with a three year contract). The 'Projects' suggested are: way finding signs or directional signs, downtown business directory, implementation of social media and mobile applications, Flagler Park improvements, such as shade sails, colorful and attractive seating options, bike racks, and improved streetscapes. Mr. Terry Burroughs, President of the Okeechobee County Chamber of Commerce, added that Ms. Erin Gentile, of Kimley Horn and Associates, Inc., is the consultant for the Economic Council and she may be willing to assist in the findings necessary to qualify for the CRA and TIF as well as the Redevelopment Plan, alleviating additional expenses for the City. Administrator Whitehall suggested an invitation be extended to Mr. Jason Nunemaker, City Manager of the City of Fellsmere, to share his knowledge and experience of their CRA and TIF, in which the Mayor and the Council concurred. This item will be brought back for further discussion. G. Discuss traffic and speeding on Southeast 6th Avenue and consider Council Member O'Connor began the discussion stating several residents have complained to him regarding the installation of speed bumps - Councilman O'Connor. congestion of traffic and speeding along Southeast 41h Street and 61h Avenue. He commended the Police Department for their extra efforts of patrolling the area. However, they cannot patrol this area all the time, and inquired whether temporary speed bumps may be used in this situation. Attorney Cook remarked that warning signs will be necessary showing the use of the temporary speed bumps. Police Chief Davis was in favor of the temporary speed bumps, as well as Mayor Kirk. Council Member Ritter added, they may be necessary in all four quadrants of the City to assist with traffic congestion and speeding. City Clerk Gamiotea added she has received many inquiries from residents of Wilcox Shores and Okeechobee Estates on how to petition the City to implement speed tables or traffic slowing devices within their neighborhoods. Police Chief Davis_concurred, his- department receives corn-plain-ts-related _ta_speeding within these subdivisions_ often_ Mayor Kirk and the Council directed Public Works Allen to order two sets of temporary speed bumps and signage for the areas of Southeast 61h and 8' Avenues, to install and move as needed to slow the traffic within residential areas. 396 MAY 5, 2015 - REGULAR MEETING - PAGE 13 OF 15 X. NEW BUSINESS CONTINUED H. Motion to approve an Agreement to Piggyback a St. Lucie County Contract for Council Member O'Connor moved to approve an Agreement to Piggyback a St. Lucie County Contract for Services Services Bid by Another Governmental Entity for Striping and Pavement Bid by Another Governmental Entity for Striping and Pavement Marking provided by contractor Whiteleaf, Inc., d/b/a Marking provided by contractor Whiteleaf, Inc., d/b/a Traffic Solutions - City 11 Traffic Solutions; seconded by Council Member Chandler. Administrator (Exhibit 9). ADDED ITEM TO AGENDA: H.2. Public Risk Management (PRM) Board appointees - City Administrator (Exhibit 12). Administrator Whitehall's memorandum in Exhibit 9 reviewed that he has received all the necessary documentation relating to the St. Lucie Contract No. C14-01-049, dated January 1, 2014, with Whiteleaf, Inc., d/b/a Traffic Solutions. Whiteleaf Inc., will be required to apply for a City and County, Business Tax Receipt, and provide insurance naming the City of Okeechobee as additional insured. Also, the Board of County Commissioners has piggybacked on this contract for their striping project as well. Public Works Director Allen relayed the striping project will be according to the standard specifications to replace or add the necessary striping on the streets, including stop sign striping, beginning at Northwest 9tn Street and 9tn Avenue. The contract is for a period of three years, which began January 27, 2014, and may be extended for two additional one-year periods. KIRK - YEA RITTER - YEA VOTE CHANDLER -YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. Council Member Watford moved to reappoint Finance Director Riedel as the City's representative, and appoint Mayor Kirk as an alternate (replacing former Council Member Williams), to the Property Casualty Public Risk Management Board of Directors; seconded by Council Member O'Connor. KIRK - YEA RITTER - YEA CHANDLER -YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. Council Member Watford moved to reappoint Finance Director Riedel as the City's representative, and appoint Finance Account Clerk Melissa Henry (replacing Administrator Whitehall) as alternate to the Public Risk Management Health Trust; seconded by Council Member O'Connor. KIRK - YEA RITTER - YEA CHANDLER - YEA WATFORD - YEA O'CONNOR - YEA MOTION CARRIED. MAY 5, 2015 - REGULAR MEETING - PAGE 14 OF 15 397 :i X. NEW BUSINESS CONTINUED I. Consider a motion to accept a Letter of Retirement from Administrator Brian Council Member Watford moved to accept a Letter of Retirement from Brian Whitehall as City Administrator, with Whitehall - Mayor Kirk (Exhibit 10). regret, seconded by Council Member O'Connor. VOTE KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. J. Discuss and give direction regarding application packet materials and City Clerk Gamiotea provided materials to be reviewed and considered in order to advertise the Administrator's information for the City Administrator position, set an advertising time frame, position. There were no changes offered to the Expectations of a City Administrator nor the written questions, both and consider appointing an Interim City Administrator - Mayor Kirk (Exhibit will be included as presented. The Qualifications, Job Description and Responsibilities of a City Administrator will be 11), updated to meet current regulations and reviewed to ensure inclusion of any areas omitted or overlooked in the 2005 copy. The specific items numerated within the memorandum of Exhibit 11 were discussed to give direction in coordination with the items listed above. Council Member Watford moved to authorize the City Clerk to advertise the City Administrator position as presented, setting the salary range to be $70.75,900.00; deadline to accept applications is July 15, 2015; Education Requirement to be a suitable four-year college degree, with a minimum of five -years in City Management; Written Questions will be included as presented; Clerk Gamiotea has the authority to advertise the position as she deems appropriate to get the best coverage; seconded by Council Member O'Connor. VOTE KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. Based on the motion passing, the summary of the job description will be revised to reflect action taken as well as to bring-t_he_document _up to date-w&current_rcgulat ons, The issue of appointing an Interim Administrator was addressed. Mayor Kirk met with City Attorney Cook to discuss his willingness to again serve as Interim City Administrator. He has offered to devote 20 hours a week and accessible to be at City Hall on Tuesdays, Wednesdays, and Fridays. However, they did not discuss a specific salary adjustment. 398 MAY 5, 2015 - REGULAR MEETING - PAGE 15 OF 15 X. NEW BUSINESS CONTINUED J. Discuss and give direction regarding application packet materials and Motion and second by Council Members Watford and Ritter to appoint City Attorney John R. Cook as Interim information for the City Administrator position, set an advertising time frame, Administrator, effective June 16, 2015, with the stipulations as presented in the February 1, 2005 minutes, with and consider appointing an Interim City Administrator continued. the exception of 20 hours per week rather than 20 to 30 hours per week. Minutes of February 1, 2005, Page 185, reflect the following: Attorney Cook will remain Interim Administrator until a new administrator begins. Beginning June 16 2015, he will receive a monthly salary of $5,000.00 to cover both his contract salary as City Attorney and the 20-hours per week he is expected to be at City Hall to perform duties as Interim Administrator. The only responsibility he will not perform while serving as Interim is the signing of any accounts payables or payroll checks. VOTE KIRK - YEA CHANDLER - YEA O'CONNOR - YEA RITTER - YEA WATFORD - YEA MOTION CARRIED. XI. ADJOURN MEETING - Mayor (II There being no further discussion nor items on the agenda, Mayor Kirk adjourned the meeting at 8:32 p.m. The next regular scheduled meeting is May 19, 2015. 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 pgTase.Qf backup for official records of the Clerk. ATTEST: James E. Kirk, Mayor Lane Gamiotea, C C, City Clerk i� INDEPENDENT NEWSMEDIA INC. USA STATE OF FLORIDA COUNTY OF OKEECHOBEE Before the ungersigned 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 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 ��r7l�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 skid Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisementb 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 adverti�Ohent for publication�inthe said newspaper. Katrina Elsken Sworn to and su scribed befor me this /-7 day of AD Notary Public, State of Florida at Large ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 q� N•` Bonded Thru Notary Public Underwriters Okeechobee News 107 SW 17th Street, Suite D Okeechobee, Florida 34974 863-763-3134 PUBLIC NOTICE CITY COUNCIL MEETINGS NOTICE IS HEREBY GIVEN that the April 11, 1011 City of Okeechobee City Council Meeting has been cancelled. The next regular City Council meeting will be held on Tue, May S IOIS, B:00 p.m., dr as soon thereaf- ter as possible, at Qty Hall, 55 E Ord Ave, Rm 2 ,Okeechobee, FL. The public is invited and encouraged to attend. Contact City Administraton at 863-763-3372, or website, dtyofokeechobee.com, to obtain a copy of the agenda. 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 aaor- dance with the Americans with Dlsabrlides Act (gDA),any person with a disability as defined to the ADA, that needs special accomnrodabon to par. ticipate in this proceeding, contact the Ctty perks 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 Councl in support or apposition to any item on the agenda; a copy of the document, picture, video, or item MUST be provided to the City Clerk for the City's records. By: Mayor James E. 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NOW T�EREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of the City of Okeechobee, Florida, do hereby proclaim May 7, 2015 as "NATIONAL MENTAL HEALTH AWARENESS DAY" in the City of Okeechobee, and urge our itizens and all agencies and organizations interested in meeting every child's mental health needs to unite on that day in the observance of such exercises as ill acquaintthe people of the City of Okeechobee with the fundamental necessity fa year-round program forchildren and youth with mental health needs and their, f 3 milies. In witness whereof I have hereunto set my han a27ed this seal to be affixed.' James Kirk Mayor k 4� Attest: . - Lane Gamiotea, CMC, Cttywler t}� =z. a� E - t n IMMUNE AN w� k= office of the Mallov � n okeecWbee Floriba . HERE4S, mental health is part of overall health; and aWHERE4S, mental health helps to sustain an individual's thought processes, ,.. ` relationships, productivity and ability to adapt to change or face adversity; and '' WHERE{4S, mental illness adversely affects those abilities and often is life -threatening io nature; and WHEREAS, one in fouradults experiences mental health problems in anygiven year and,.,,, sPch problems can contribute to onset of mental illness; and WHEREAS,11.4 YOUTH TO AGE 24 COMMITS SUICIDE EVERY DAY IN THE United States a.nd Okeechobee County has a 17.7 percentage annual statewide suicide rate; apa WHERE S, one in 17 adults lives with mental illness such as major depression, bipolar , d'sorder or schizophrenia; and WHERE S, early identification and treatment can make a profound difference in successful management of mental illness and "recovery. NOW TOEREFORE, 1, James E. Kirk, by virtue of the authority vested in me as Mayor of tlbe City of Okeechobee, Florida, do hereby proclaim the month of May 2015 as 'MENTAL HEALTH AWARENESS MONTH" in the City of Okeechobee, to increase public understanding of the importance of mental health and to promote identification and treatment of mental illnesses. In witness w reof I have hereunto set my hani nd c rused this seal to be affixed. Jame E. Kirk, Mayor' Attest: Lane Gamiotea, CMC, City Clerk Date: May 5, 2015 - CD C:,' CD ::� CD o o N. CD o �_ Q - CD �o.� c O W 77- �CD 07 O 0 ¢' c� a) W CD CD CD Q CD- O- cQ CD p, N cn Q O CD ¢, o O n CD Cn O Q c� O �� cD_0 - `< � N Q O o - O CD :370 CD o =3 - P-L) o Cl) A, Q CD Q, CD = w o-' CD `< CD O O O CD C-) - = 3 Co o o CD cD ¢' Cn - = CD-3 CD =` O CD c� O O T a� Cn. Cc co CD CD CD � — w e ^" _ . n �� -. O _ O O O < C� _ r. CD CD ,p-f = p n -* O , < CD A� o Q CD O CD CD - =-Cn Z) N O' � CD =3 CD -F O. CD C c-) 07 O Q r CD CD� -. 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NOW WEREFORE, I, James E. Kirk, Mayor of the City of Okeechobee, Florida, do hereby proclaim May 3 through May 9, 2o15, as "MUNICIPAL CLERKS WEEK,"and furth6r extend appreciation to our Municipal Clerk, Lane Gamiotea, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. In witnes ereof I have hereunto set my . ha an caused this seal to be a,�zxed .1 u ` s E. Kirk, Mayor k Attest:' L e Gamiot a, CMC, Ctt �Z h M \ ` Date: Mct , r A' C• A .yam v �' t Tr �v� t Vr /°�'-'Mw .,rv. i ni, ..•S` e "qy. p.�' '�, {{+'��%k+`}'d•*Y' �Y �� %l� r -hibit 1 �-- Maki, 2015 ORDINANCE NO. 1121 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 OKEECHOBEE COUNTY URBAN RESIDENTIAL MIXED USE TO CITY OF OKEECHOBEE 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 i !WHEREAS, Chapter 163, Florida Statues provides for amendment to Adopted Comprehensive Plans; and WHEREAS, the City has received and reviewed certain application(s) (No. 15-001-SSA), submitted by property owner(s), OHCF Properties, LLC, Mrs. Faye Haverlock, Manager, 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 April 16, 2015, which determined such application to be consistent with the Comprehensive Plan and appropriate to the future land uses within the City; and I !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 11, and that the proposed application(s) are consistent with the Comprehensive Plan and appropriate to the future land uses within the City. �OW, 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 11, Florida Statutes. SECTION 3: REVISIONS TO THE FUTURE LAND USE MAP. 1. The following described land consisting of approximately 5.01 acre(s) is hereby re -designated for purposes of the Future Land Use Map of the City of Okeechobee Comprehensive Plan: Ordinance No.1121 - Page 1 of 3 *so Application No. 15-001-SSA, from Okeechobee County Urban Residential Mixed Use to City of Okeechobee Commercial. The Legal Description of Subject Property as follows: EAST PARCEL (1 of 2): A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE ATTHE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89032'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK(ORB)315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN ORB 315, PAGE 746 AND THE POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00°00'07" WEST ALONG THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED IN ORB 315, PAGE 746, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF LAND; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89059'53" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 374.51 FEET TO A POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31°40'29" WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF 289.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAID WEST LINE, SAID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 410.00 FEET AND A CENTRAL ANGLE OF 11132'39'; THENCE SOUTHERLYALONG THEARC OF SAID CURVEAND CONTINUING ALONG SAID WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT, A DISTANCE OF 82.61 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 10; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89032'54" WESTALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 186.72 FEETTO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 2.04 ACRES; TOGETHER WITH NORTH PARCEL (2 OF 2): A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDABEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE ATTHE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89032'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OFOKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00.00' 07" WEST, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN ORB 219, PAGE 593 AND THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, ALL PER THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 00'00'07" WEST, RUNNING ALONG THE EAST LINE OF SAID LANDS DESCRIBED IN ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89-59-53" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 547.38 FEETTO A POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENTAS DESCRIBED IN ORB 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31°40' 29" WEST, ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF 329.21 FEETTO THE NORTHEAST CORNER OFTHEAFORESAID LANDS DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89059' 53" WEST, ALONG THE NORTH LINE OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, A DISTANCE OF 374.51 FEET TO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 2.97 ACRES. Ordinance No.1121 - Page 2 of 3 *4WW `✓, SECTION 4: INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN. It is the intention of the City Council of the City of Okeechobee, Florida and it is hereby provided, that the provision of the Ordinance, and the revisions to the Future Land Use Map more particularly described as "Future Land Use: 2000 City of Okeechobee, March 19, 1991, as amended March 3, 2009", which is incorporated herein by reference, shall become and be made a part of the City of Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as amended). SECTION 5: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 7: EFFECTIVE DATE. The effective date of this plan amendment shall be thirty-one (31) days after the adoption of this Ordinance, if not timely challenged. If timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. NTRODUCED AND ADOPTED at First Reading and Final Public Hearing on this Wh day of May, 2015, Pursuant to F.S. 163.3187(2). ,TTEST: Gamiotea, CMC, City Clerk EWED FOR LEGAL SUFFICIENCY: R. Cook, City Attorney James E. Kirk, Mayor Ordinance No. 1121- Page 3 of 3 Staff' Report Small Scale Comprehensive Plan Amendment Prenored for Applicant: The City of Okeechobee OHCF Properties, LLC Petition No.: 15-001-SSA �i��la i<II �I'lanning Nlanal;ement Services, Inc. 1375 Jackson Street, Suite 206 Fort Myers, Florida Serving Florida Local Governments Since 1988 Staff Report ``11111111l'' Applicant's Nan*OOHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15-001-SSA General Information Site Address1.1"650 HighwayNE:19th Dnve 11 Qkeechobee FL 34972:_`a Contact Phone Number 8_63 634 7644 xCont ctEmail Address,Y=sdobbs,@steyedofjb`sengneenng co'm J Zoning District South parcel (Parcel 1) " NC 2 (Coun'ty Zoning) CHV North�:parcel (Parccel 2):_ Agricultural (County,Zoning)_' CHV - Acreage`; - Soutt .parcel.( .arcel-1) ; 2 04 acres 2 04 acres North parcel (Parcel 2) 2` 97 acres 2.97 acres * URMU = Urban Residential Mixed Use Legal Description of Subject Property Parcel Identification Numbers Parcel 1: 1-10-37-35-OA00-00001-B000: Parcel 2: 1-10-37-35-OA00-00001-0000 KRPY .�— 1 Serving Florida Local Governments Since 1988 Staff Report %*ase Applicant's Name.,)HCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15-001-SSA Legal DOscription: A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS COMMONCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCE D NORTH 89 DEGREES 32'S4" EAST ALONG THE SOUTH LINE OF SAID SECTI N 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCR BED IN OFFICIAL RECORDS BOOK 315, PAGE 746, OF THE PUBLIC RECOR S OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE S UTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, PAGE 746 AND THE POINT OF BEGINNING. THENC DEPARTING OUTH LINE, RUN NORTH 00 DEGREES 00'07" WEST ALONG THE EAST SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECO DS BOOK 315, ,A DISTANCE OF 321.60 FEETTO THE NORTHEAST CORN R OF SAID PARC D; THENCE DEPARTING SAID EAST LINE, RUN NORT 89DEGREES59' EA PERPENDICULARTOTHE PRECEDING COURSE, A DIST�,NCE OF 374.51 POINT ON THE WEST LINE OF THE TAYLOR CREEK;PERMANENT EASEM SCRIBED IN THE OFFICIAL RECORDS BOOK 49, PA E 223 OF THE P RE DS OF OKEECHOBEE COUNTY, FLORIDA; THENC RUN SOUTH 31 G 'WEST ALONG SAID WEST LINE OF THE PER ENT EASEMENT, A DIST F 289.01 FEET TO THE BEGINNING OF A CURV TO THE LEFT IN SAID AID CURVE BEING CONCAVE TO THE SOOT EAST, HAVING A RADI 410.00 FEET AND A CENTRAL ANGLE OF 11 DEG MS ES 32'39"; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND CONTI UING ALONG SAID WEST LINE OF THE TAYLOR CREEK PERMANENT EASEN ENT, A DISTANCE OF 82.61 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 10; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89 DEGREES 3254" WEST ALON SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 186.72 FEET TO THE POINT OF BEGINNING. l3ook607/Page1367 CFN#2011001714 Page 3 of 4 Serving Florida Local Governments Since 1988 Staff Report Illule Applicant's NarrWOHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15-001-SSA PARCEL 2 A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89" 32' 54" EASTALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OFTHAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 316, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00° 00' 07- WEST, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 316, PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED 1N ORB 219, PAGE 593 AND THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, ALL PER THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 00° 00'07" WEST, RUNNINGALONG THE EAST LINE OF SAID LANDS DESCRIBED 1N ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89- 59' 53" EAST, PERPENDICULAR TO W2T23 DING COURSE, A DISTANCE OF 547.38 FEET TO A POINT ON THE WEHE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 3� WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A CE OF 329.21 FEET TO THE NORTHEAST CORNER OF THE AFOR N DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LI F THE TAYLOR CREEK EASEMENT, RUN SOUTH 890 59' 53" WEST ALO T H LINE OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, A DISTA 374.51 FEET TO THE POINT OF BEGINNING. Book697/Pagel 368 CFN#2011001714 Page 4 of 4 Serving Florida Local Governments Since 1988 Staff Report �° Applicant's NamtwwOHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15-001-SSA The ma er before the Local Planning Agency and City Council is an application for an amendment to the Future Land Use Map for two parcels of land currently within the unincorporated portion of the County and in the process of being annexed into the City. The current and proposed Future Land Use designations, zoning, existing use, and acreage of each parcel are shown in the table on page 1. These properties are also the subject o f concurrent rezoning petition 15-002-R to apply CHV Zoning to each parcel once annexation is concluded. 1t ->a.�^ p az �. c�:.3 r3oz-. ry * Future 1 and Use Ma Classification Agricultural &URMU County FLUM, x,�ExistingLand 1�1.se��„,�;m. �Vacantiland 3 h��t. �= ;�. Future Land Use Map Classification Agricultural & URMU (County FLUM) East Zoning District Agricultural (County zoning) Existing Land Use: Vacant land Exi's`tmg Land Use � - , Vacant land�� ' 4' Future Land Use Map Classification CCMU** & URMU (County FLUM) West �, Zoning District: RG (County zoning) CHV (City zoning) Existing Land Use: Nursing Home and Hospital *URMU Urban Residential Mixed Use **CCMU = Commercial Corridor Mixed Use A Qualification for Amendment Based on the size of the property (5.01 acres) this application qualifies under Chapter 163, F.S. as a Small Scale Amendment to the Comprehensive Plan. B. Cu' rnt Use Both pr peerties are currently vacant and undeveloped. 4 Serving Florida Local Governments Since 1988 Staff Report *Ale Applicant's Nam OHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15-001-SSA C. Current Development Potential Under the existing Future Land Use designation in the County's Comprehensive Plan, the Applicant has calculated that the present Future Land Use designations would pro- vide a maximum development potential of 27,222 square feet of commercial use. D. Future 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 park- ing, drainage, and other development requirements are considered. Commercial devel- opment in Okeechobee is much more likely to run in the range of an FAR of 0.25 to 0.50. At these intensities, the Commercial Future Land Use Category and CHV District would allow for between 55,000 and 109,000 square feet of conventional commercial use. However, given the location of the subject properties and the limited vehicular accessi- bility to the site from US 441, we believe that such commercial development is unlikely. Rather, the Applicant is proposing to construct a new wing associated with the existing 180-bed nursing home. The Applicant provided the following description of the proposed expansion: "The project consists of an existing 180 bed nursing home and associated parking. Previous approval has been granted to add parking to the west end of the project and they are seeking a building expansion to the east to include an additional 18 beds as well as an expansion of the food preparation facilities and nursing stations. The proposed expansion to the east will add parking as required and drainage facilities for not only the new expansion, but also the existing facility. Potable water and wastewater service is provided by the Okeechobee Utility Authority. This planned expansion to the east will slightly increase existing potable water and wastewater demand" mmnrehPnsivP Plant A. Consistency with the Comprehensive Plan and Compatibility with Adjacent Uses. The intent of the Future Land Use Element (FLUE) and Future Land Use Map (FLUM) is to manage future growth. A Goal of the City, as set forth on page 1 of the FLUE, 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 from adverse impacts of incompatible land uses, activities and hazards. Serving Florida Local Governments Since 1988 Staff Report N.r Applicant's NamHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15-001-SSA Objectiv 12 states that the City of Okeechobee shall encourage compatibility with adja- cent us s, and curtailment of uses inconsistent with the character and land uses of surroun ing areas, and shall discourage urban sprawl. We believe the proposed amendment to the Future Land Use Map is consistent with the Comprehensive Plan and compatible with surrounding land uses. Lands to the north and west of the subject parcels currently carry Future Land Use Designations that allow for urban commercial, residential or mixed use development. The property to the imme- diate wet is the site of the existing nursing home for which the subject properties are intended as an expansion of the existing use. The properties to the immediate south of the subject property are currently vacant and designated for single-family use. These properties are already across from a nursing home and the 35-foot drainage buffer between!, them and the nursing home will continue as a spatial buffer from the proposed nursing I ome expansion. B. Adoquacy of Public Facilities The existi Based on per persp 2,700 gill iscule s a potable miffed I tt gill( capacity t ciated with n o ng nursing home is currently served by Okeechobee Utilities Authority (OUA). the City's adopted level of service standard of 150 gallons of water per day , the proposed 18-bed expansion will generate the need for an additional of potable water and waste water treatment per day. This is but a min - re of the existing excess capacity 3.75 million gallons per day (MGPD) of ater and 2.0 MGD of waste water treatment capacity. The Applicant has sub- ers from Okeechobee Utility Authority showing that Authority has sufficient provide the needed potable water and waste water treatment services asso- the proposed nursing home. In the unlikely event the subject parcels were developed at the practical maximum intensityl identified in Section D, previous, at the City's adopted level of service standard of 0.15 Gallons of water per day per square foot of nonresidential uses, the proposed 109,0001square feet of conventional commercial use could be expected to generate the need for an additional 16,350 gallons of potable water and waste water treatment per day. This volume is also but a miniscule share of available excess capacity of the OUA facilities. 0 Serving Florida Local Governments Since 1988 Staff Report V Applicant's Na►iW OHCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15-001-SSA Roadways The traffic generation factor for a nursing home cited in the ITE 8th Edition of Traffic Generation is 0.22 trips per bed in the PM "peak hour". This translates to an additional four trips during the PM Peak Hour for the 18 new beds being added as a result of the planned expansion. It is safe to say that this increase in traffic will have no effect on the level of service on US 441. In the unlikely event the subject parcels were developed at the upper limit of intensity identified in Section E, previous, 109,000 square feet of medical offices, at 3.46 trips per 1,000 square feet, up to 377 trips could be generated during the peak hour. Should such an eventuality ever occur, the developer will need to provide a traffic impact study showing that the project meets the City's traffic concurrency standards. 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. The additional 18 nursing home beds will have no measurable effect upon the solid waste disposal capacity. It also appears reasonable to expect that even the volume of solid waste associated with a development of 109,000 square feet of commercial use could be accommodated by the County's solid waste disposal capacity. 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 other than a small wetland area on Parcel 2, that may require consideration, the subject properties have been in urban usage for many years, contain no environmentally sensitive areas, valuable habitat or other physical attributes that would limit development as a result of environmental concerns. We have no infor- mation to the contrary. D. Relationship to Lands in the Unincorporated Portions of the County Given the County's Future Land Use designations of Commercial Corridor Mixed Use and Urban Residential Mixed Use currently applied to the surrounding unincorporated properties, we see no significant detrimental effect upon those properties as the result of a Commercial Future Land Use designation for the subject properties under the City's Comprehensive Plan. Serving Florida Local Governments Since 1988 Staff Report 11� Applicant's Nam HCF Properties, LLC Small Scale Comprehensive Plan Amendment Petition No. 15-001-SSA Based on the foregoing analysis, we find the requested Commercial Future Land Use Designations for each of the subject properties to be consistent with the City's Compre- hensive ;Plan Therefore, we recommend Approval of the Applicant's request to amend the Comprehensive Plan to show these properties as Commercial on the City's Future Land UOe Map. Submitted by: r� Wm. F. 3risson, AICP Plannin Consultant April8, 2015 Planning Board Hearing: April 16, 2015 City Council Public Hearing: May 5, 2015 Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs 0 Serving Florida Local Governments Since 1988 ai ; Agricultural & URMU C �ACCMU Y URMU k ♦ - f 17 Subject Propecty y ..i �. _S'�� a iY ^fix 4 ♦a�v i�a�..,'}y � t/x ti � � K411 Y-i �Y' Vt 4 . N j �- r r ' r -� � -� G' , M � � � q{"juf, ti►v.`rl„1� "�� t � 7 .c e 4 1 a' .:�� .{`~•�i rid! �� ,#,rr`'`s t r',' 3 + ij.,ll` 1 , } t l: � tllZli a r ' [v�`'� 'i,`t •��'L:c.��` .1� 3 t s r +`'�_, was ,. _-,.., �• -.. "Srpy �� ...��'+� { t' ;.: � :_Yti`i::+m'aS„cy.:.rx^r_r,4�uYq�!G5�•...._ ,... _.:i ..�::�_.:-.,. _. - _:. __ _ Subject Property Nursing Home ------------------ •,:, t �"`I `,1'r <� g., tit +� a Y >� re r c re girl.. rr Okeechobee News q7W M 107 SW 17th Street, Suite D ANDEPENDENT Okeechobee, Florida 34974 NEWSMEDIA INC. USA 863-763-3134 STATE OF FLORIDA J `-_ COUNTY OF OKEECHOBEE MjjW[Wt _TLU 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 beling a �. in the matter of't'LtQ in the 19th Judicial. District of the Circuit Court of Okeechobee County, Florida, was published in said newspaper in the issues of 4laq /ls Affiant furtl er says that the said Okeechobee News is a newspaper publi�hed at Okeechobee, in said Okeechobee County, Florida, and thati said newspaper has heretofore been published continuously in s'pid Okeechobee County, Florida each week and has been entered! as second class mail matter at the post office in Okeechobee, in s id Okeechobee County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and afliant 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. Katrina Elsken Sworn to and subscribed bef e me this Q Y day of �.� _AD Notary Public, State pf Florida at Large � l 1 rrri. ANGIE BRIDGES MY COMMISSION # EE 177653 EXPIRES: April 20, 2016 pF , Bonded Thru Notary Public UnMvrfters PUBLIC NOTICE CONSIDERATION OF ADOPTING A CITY ORDINANCE ICE IS HEREBY GIVEN that the City Council of the City of Oke will conduct a Public Hearing on Tues, May S, 2015, at 6 PM, thereafter possible, at City Hall, 55 SE 3rd Ave Okeechobee, f der final reading for adoption of the followingg Ordinance Into law: l: AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLOI NDING THE CITY OF OKEECHOBEE COMPREHENSIVE P INANCE NO. 635 AS AMENDED, BY REVISING THE PUI > USE MAP ON A CERTAIN TRACT OF LAND MORE PART .Y DESCRIBED HEREIN FROM OKEECHOBEE COUNTY UP TURE LAND USE MAP IN THE COI FOR CONFLICT* PROVIDING FOR FOR AN EFFECTIVE DATE. Ordinance is regarding Small Scale Comprehensive Plan Future land Map Amendment Application No. 15-001-SSA, submitted by the Proper- wner(s)), OHCF Properties, LUC, Mrs. Faye Haverlock, Manger, for two nt unplatted parcels of land consisting of approximatelyy 5,01 acres, lo- i between the Okeechobee Health Care Facility, 1650 US Hwy 441 h and the West bank of Taylor Creek. 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 Gerk during normal business hours, Mon -Fri, 8:00 AM4:30 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 ap eal will be based. In accor- dance with the Americans with Disabilities A� (ADA), any person with a disability as defined by the ADA, that needs special accommodation to par- ticipate in this proceeding, contact the City Clerk's Office no later than two business days prior to proceeding, 863-763-3372. BE ADVISED that should you Intend to show any document, picture, video or items to the Council in support or opposition to any item on the agenda; a copy of the document, picture, video, or Item MUST be provided to the City Clerk for the City's records. By: Mayor James E. Kirk _ cityGerklane Gamiotea, CMC City of Okeechobee' 55 SE 3r`t Av OkeechobPKFL 34974-2932 Offtoe of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhitehalOcityofokeechobee.conz F Exhibit 2 x * *Memorandum * x * x May 5, 2015 '{'19 SAS For May 5, 2015 City Council meeting TO: Mayor & City Council i FR: Administrator Whitehall and TRC staff I RE: Kiwanis proposed special needs playground area — 5/5/15 Email to TRC members for input: i At last night's Council meeting JD Mixon presented a proposal, representing the Kiwa is Club, for a special needs park to be located in Flagler Park 6. Attacked to this email is part of the presentation and the aerial below reflects the proposed location of the park. The attachment '... important points' was expounded upon last Imo ght to include seven (7) support letters from SW Park businesses in that area. Also the adds that `this playground gives reason {sic) for people traveling through Okeechobee to stop and spend time at the businesses along Park Street' and the memo further clarifies that the `City of Okeechobee (is being) asked to adopt and maintain playground after construction'. Fun4 have already been raised for the amenity and they are simply looking for approval to bu Id the facility. It's i cumbent upon staff to raise whatever concerns might be relevant to either meet the Codel or identify practical difficulties much the same way as would be the case w/ a TRC Expr ss your issues to me ASAP, in writing, so that I may discuss the matter w/J.D. in a timel fashion. The City Council expect a report back to them for discussion at the May 5, 20�5 meeting I fou6d staff to be overwhelmingly in favor of the proposed amenity but not com6letely without hesitation. Loc tion - If the City Council believes that the location of the playground has merit in Flagler Park, staff recommendation is to relocate it to the west side of Park' 6 in order to accommodate parking concerns but yet maintain the passive idenjity of Flagler Park. The new, strategically -placed, location would provide mini6al Park intrusion, yet accomplish essentially the same exposure originally requbsted. Please see pg 5 of the Public Playground Safety Handbook (PPSH). Please see the attached aerial depicting the location. RE: Kiwanis proposed special needs playground area - 5/5/15 Project expansion - Along with the location, it's staff recommendation, without budgetary review, that the park be expanded in order to improve aesthetics and practicality. Rather than just a rectangular, iron -clad area, perhaps a larger, more diverse area w/ benches, picnic tables, trees, etc. Also the introduction of a formal parking lot, abutting the area, with appropriate SR70 signage, would invite usage and increase safety as well as aesthetics. Of course, w/ any expansion, costs would have to be identified and could be phased in. Safety - I was affiliated with a Park District at my previous employment and have a working knowledge of playground complexities and it's nothing trivial. No park is childproof. The City 'assumes' that the playground will be delivered and constructed with applicable product safety compliance. Several ideas about additional safety measures were discussed. We can assume that the playground equipment itself is designed to meet whatever standards are required and would add that the fence is constructed in a fashion that meets playground appropriateness (ex. head entrapment). Adding bollards on the north end of the facility, reducing the speed limit, restrict temporary or permanent uses that would exaggerate the traffic on SW 7th Av are good ideas, but may be impractical. But most certainly the relocation is beneficial. Maintenance - Naturally perpetual maintenance responsibility will lie with the City. As part of this memo please see the Public Playground Safety Handbook (PPSH). Therein you will get a grasp of the effort needed to assure proper maintenance. Daily maintenance inspection/logging as described on pages 18 & 19 (PPSH) should be expected vs the current maintenance that has been afforded to sites such as the butterfly garden. DPWks Allen said that the County 'inspects/maintains all playground equipment on a monthly basis' I'm a bit skeptical that the City can expect to only inspect on a monthly basis, but perhaps there's something lost in translation here. Of course, litter & trash can maintenance will have to be often. Shade structures - One of the initial observations from our Building Official (B/O) was shade requirement, as he has claims experience in dangerously hot playground equipment, not to mention simply comfortable usage. Water fountain/rest rooms - while a water fountain is a great amenity, the B/O researched and found that the legal necessity isn't reached until additional activities are apparent such as ball diamonds, assemblies, etc. If the Council deems that water is to be made available, there's an existing water pit at the west end of the park, next to this location. Kiwanis Playground - City review Page 2 ,%MW woe RE: Kiwanis proposed special needs playground area — 5/5/15 Night time activity — in much the same way that the other park(s) have been disc ssed, lighting is probably necessary for either continued activity after dark (especially in the winter months) or simply as a measure to reduce vandalism. Estimated decorative lighting 3 X $2000+/- _ $6k+/-, plus electrical installation and 0ontinuing usage costs. Grant stipulations that the City may be saddled with. Our experience is that w/ mos grants there are contingencies and reporting elements required after construction, but with our understanding of the contributions, there should not be, for 41 subsequent reporting obligation. Insurance/liability — While most advocates of a park treat this as a necessary evil and 1he City's 'cost of doing business', it's still a material issue in the discussion of adding a park. Conotruction budget — a proposal review includes provisions for Engineered Wood fiber (60 yds) surface material & Installation $2400 A dumpster (trash receptacle or temp construct'n facility) $450 Site prep (to 1350 sf) $2535 Landscape structures (not sure this is the prefab parts) $14330 Frorrj the proposal it's difficult to understand what other peripherals the City/ iwanis will be responsible for. Perhaps additional site prep, concrete insta lation, landscaping and the like might be required. Con lusion — The above is a cursory review of the proposed facility. I mentioned then rmal TRC review would include a more thorough site plan analysis such as utilities, setbacks, parking, construction compliance, traffic, neighboring compatibility issues, Code landscaping, lighting and the like. Because of the uniqueness of this proposal, many of the potential concerns expressed by the TRC in connection with the location are being relegated to the City Council. Alono with the location decision, the City Council is further saddled with any defin d/undefined unbudgeted expenses. As you are aware, the City is without a Park /Recreation Fund, but apparently we are headed in that direction. Again, I found that all the members of the TRC generally advocate the donated facility and agree that it increases the value and 'quality of life' desirability of the City. Kiwanis Playground - City review Page 3 R , =�vl�,l 2; IT 17 2� a) �JI un Or 48Y; w In CM Handbook for Public Playground Safety 2. GENERAL PLAYGROUND CONSIDERATIONS 2.1 Sele ting a Site The follouingy factors are important when selecting a site for a new playground: I Site Faci or Questions to Ask If yes, then... Mitigation Travel patterns of children to and Are there hazards in the way? Clear hazards. from the I layground Nearby ac essible hazards such Could a child inadvertently run Provide a method to contain chil- as roads %�ith traffic, lakes, into a nearby hazard? dren within the playground. For ponds, strOms, drop-offs/cliffs, example, a dense hedge or a etc. iCould younger children easily fence. The method should allow i wander off toward the hazard? for observation by supervisors. If fences are used, they should conform to local building codes i and/or ASTM F2049. Sun exposure Is sun exposure sufficient to heat Bare metal slides, platforms, and exposed bare metal slides, plat- steps should be shaded or locat- forms, steps, & surfacing enough ed out of direct sun. to burn children? Provide warnings that equipment and surfacing exposed to intense sun can burn. Will children be exposed to the Consider shading the playground sun during the most intense part or providing shaded areas near - of the day? by. Slope andi drainage Will loose fill materials wash Consider proper drainage re - away during periods of heavy grading to prevent wash outs. rain? 2.1.1 Shad�ng considerations I According tol the American Academy of Dermatology, research indicates that one in five Americans will develop some form of skin cancer during their lifetime, and five or more sunburts double the risk of developing skin cancer. Utilizing existing shade (e.g., trees), designing play structures as a means fqr providing shading (e.g., elevated platforms with shaded space below), or creating more shade (e.g., man- made structures) are potential ways to design a playground to help protest children s skin from the sun. When trees are used for shade, additional maintenance issues arise, such as the need for Aeaning up debris and trimming limbs. 2.2 Playground Layout There are several key factors to keep in mind when laying out a playground: • Accessibility • Age separation • Conflicting activities • Sight lines • Signage and/or labeling • Supervision 5 M Handbook for Public Playground Safety 4. MAINTAINING A PLAYGROUND Inadequate maintenance of equipment has resulted in injuries on playgrounds. Because the safety of playground equipment and its suitability for use depend on good inspection and maintenance, the manufacturer's maintenance instructions and recommended inspection schedules should be strictly fol- lowed. If manufacturer's recommendations are not available, a maintenance schedule should be developed based on actual or anticipated playground use. Frequently used playgrounds will require more frequent inspections and maintenance. 4.1 Maintenance Inspections A comprehensive maintenance program should be developed for each playground. All playground areas and equipment should be inspected for excessive wear, deterioration, and any potential hazards, such as those shown in Table 3.One possible procedure is the use of checklists. Some manufactur- ers supply checklists for general or detailed inspections with their maintenance instructions. These can be used to ensure that inspections are in compliance with the manufacturer's specifications. If manufacturer -provided inspection guide- lines are not available, a general checklist that may be used as a guide for frequent routine inspections of public play- grounds is included at Appendix A. This is intended to address only general maintenance concerns. Detailed inspec- tions should give special attention to moving parts and other parts that can be expected to wear. Maintenance inspections should be carried out in a systematic manner by personnel familiar with the playground, such as maintenance workers, playground supervisors, etc. 4.2 Repairs Inspections alone do not constitute a comprehensive mainte- nance program. Any problems found during the inspection should be noted and fixed as soon as possible. • All repairs and replacements of equipment parts should be completed following the manufacturer's instructions. • User modifications, such as loose -ended ropes tied to elevated parts, should be removed immediately. • For each piece of equipment, the frequency of thorough 18 Table 3. Routine inspection and maintenance issues ❑ Broken equipment such as loose bolts, missing end caps, cracks, etc. ❑ Broken glass & other trash ❑ Cracks in plastics ❑ Loose anchoring ❑ Hazardous or dangerous debris ❑ Insect damage ❑ Problems with surfacing ❑ Displaced loose -fill surfacing (see Section 4.3) ❑ Holes, flakes, and/or buckling of unitary surfacing ❑ User modifications (such as ropes tied to parts or equipment rearranged) ❑ Vandalism ❑ Worn, loose, damaged, or missing parts ❑ Wood splitting ❑ Rusted or corroded metals ❑ Rot inspections will depend on the type and age of equipment, the amount of use, and the local climate. • Consult the manufacturer for maintenance schedules for each piece of equipment. Based on these schedules, a maintenance schedule for the entire playground can be created. This routine maintenance schedule should not replace regular inspections. 4.3 Maintaining Loose -Fill Surfacing Loose -fill surfacing materials require special maintenance. High -use public playgrounds, such as child care centers and schools, should be checked frequently to ensure surfacing has not displaced significantly, particularly in areas of the playground most subject to displacement (e.g., under swings and slide exits). This can be facilitated by marking ideal surfacing depths on equipment posts. Displaced loose -fill *,%W Lmn surfacing should be raked back into proper place so that a constant depth is maintained throughout the playground. Impact attenuating mats placed in high traffic areas, such as under swings and at slide exits, can significantly reduce displacementE They should be installed below or level with surfacing so as not to be a tripping hazard. The following are key points to look for during regular checks of surfacing: • Areas and r swings and at slide exits. Activity in these areas tend to displace surfacing quickly. Rake loose -fill back into Oace. • Pooling w,ter on mulch surfacing. For example, wet mulch compacts faster than dry, fluffy mulch. If puddles are notice regularly, consider addressing larger drainage issues. Frozen su4acing. Most loose -fill surfacing that freezes Handbook for Public Playground Safety solid no longer functions as protective surfacing. Even if the first few inches may be loose, the base layer may be frozen and the impact attenuation of the surfacing may be significantly reduced. It is recommended that children not play on the equipment under these conditions. 4.4 Recordkeeping Records of all maintenance inspections and repairs should be retained, including the manufacturer's maintenance instruc- tions and any checklists used. When any inspection is per- formed, the person performing it should sign and date the form used. A record of any accident and injury reported to have occurred on the playground should also be retained. This will help identify potential hazards or dangerous design features that should be corrected. 19 Exhibit 3 ' - ty 5, 2015 ORDINANCE NO. 1122 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 COMMERCIAL PROFESSIONAL OFFICE TO HEAVY COMMERCIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and EREAS, Jennifer Williamson, Esquire, as Agent for the property owner(s), Seniors "R" Able, Inc., has heretofore filed Petition No. 15-001-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning a certain tract of land consisting of 1.68 acres from Commercial Professional Office (CPO) to Heavy Commercial (CHV) 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 EREAS, 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 VHEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on April 16, 2015, determined that such petition is consistent with the Comprehensive Plan; and i 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. i IOW, 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: I SECTION 1: LEGAL DESCRIPTION. The following described land consisting of approximately 1.628 acres, as the subject property, located in the City of Okeechobee, to -wit: A PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SECTION 9, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND BEAR NORTH ALONG THE EAST LINE OF SAID SECTION 9 A DISTANCE OF 325.12 FEET TO THE SOUTH BOUNDARY OF THAT PROPERTY DESCRIBED IN OR BOOK 207, PAGE 177, PUBLIC RECORDS OF OKEECHOBEE, COUNTY, FLORIDA, THENCE BEAR SOUTH 89-59'53" WEST. ALONG THE SOUTH BOUNDARY OF SAID PROPERTY DESCRIBED IN OR BOOK 207, PAGE 177, A DISTANCE OF 351.67 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SR 15 (PARROTT AVENUE); THENCE BEAR SOUTH 00°00'07" EAST ALONG RIGHT-OF-WAY LINE A DISTANCE OF 236.12 FEET; THENCE BEAR NORTH 89'59'52" EAST A DISTANCE OF 1.00 FOOT; THENCE BEAR SOUTH Ordinance No. 1122 - Page 1 of 3 00'00'07" EAST A DISTANCE OF 65.00 FEET; THENCE BEAR NORTH 89'59'53" EAST DISTANCE OF 20.00 FEET; THENCE BEAR SOUTH 00'00'07" EASTA DISTANCE OF 24.69 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 9; THENCE BEAR NORTH 89`52'43" EASTALONG THE SOUTH LINE OF SAID SECTION 9 A DISTANCE OF 331.66 FEET, MORE OR LESS TO THE POINTOFBEGINNING.ALSO: BEGINNINGATTHE SOUTHWEST CORNER OF SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, AND BEAR NORTH ALONG THE WEST LINE OF SAID SECTION 10, A DISTANCE OF 325.12 FEET TO A POINT ON THE SOUTH BOUNDARY OF THAT PROPERTY DESCRIBED IN OR BOOK 207, PAGE 170; THENCE BEAR NORTH 89°59'53" EAST ALONG THE SOUTH BOUNDARY OF SAID PROPERTY DESCRIBED IN OR BOOK 207, PAGE 178, A DISTANCE OF 448.33 FEET TO A POINT; THENCE BEAR SOUTH 00°00'07" EAST ALONG THE EXTENSION OF THE EAST BOUNDARY OF SAID PROPERTY DESCRIBED IN OR BOOK 207, PAGE 170, A DISTANCE OF 321.60 FEET TO A POINT ON THE SOUTH LINE OF SECTION 10; THENCE BEAR SOUTH 89'32'54" WEST A DISTANCE OF 440.36 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THEREFROM THE FOLLOWING: A PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 9, BEAR SOUTH 89-52'43" WEST ALONG THE SOUTH LINE OF SAID SECTION 9, A DISTANCE OF 132.00 FEET; THENCE BEAR NORTH 00°00'07" WEST A DISTANCE OF 325.39 FEET; THENCE BEAR NORTH 89°59'53" EAST TO THE INTERSECTION WITH AFORESAID EAST LINE OF SECTION 9, A DISTANCE OF 132.01 FEET; THENCE CONTINUE NORTH 89'59'53" EAST, A DISTANCE OF 448.33 FEET; THENCE BEAR SOUTH 00°00'07" EAST TO THE INTERSECTION WITH THE SOUTH LINE OF SAID SECTION 10, A DISTANCE OF 321.60 FEET; THENCE BEAR SOUTH 89°32'54" WEST ALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 448.36 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 10, ALSO BEING THE SOUTHEAST CORNER OF SAID SECTION 9 AND 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 property to be changed from Commercial Professional Office (CPO) to Heavy Commercial (CHV). SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. INTRODUCED for First Reading and set for Final Public Hearing on this 51h day of May, 2015. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk Ordinance No. 1122 - Page 2 of 3 iM PASSED AND ADOPTED after Second and Final Public Hearing this 19`h day of MaV, 2015. ATTEST: James E. Kirk, Mayor ane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: i John R. Cook, City Attorney Ordinance No. 1122- Page 3 of 3 i Staf� Report Rezoning Prepored for: Applicant Petition No.: The City of Okeechobee Seniors "R" Able, Inc. 15-001-R 'iPlanning Management Services, Inc. 1375 Jackson Street, Suite 206 Fod Myers, Flotida 23933•i-33" Serving Florida Local Governments Since 1988 Staff Report Applicant's Nam : Seniors "R" Able, Inc. Rezoning Petition No. 95-001-R General Information JF5 �_02 I SeniorsNR„ Able Inc OwnerAddress Okeechobee, FL 34973' Applicant Address 55 SE 3ro Avenue _ I Okeechobee, FL 34974_ Contact Person Jennifer Williamson 'ContactFAX:NORd r(,772)2234362> 4 'Sr.y,af'M1r*J • • • • • • Existing Proposed k FutureLantl�Usey � a ;Commercial � r � _ r . i r Map Classification.: ; ��" , rCommercial Zoning District CPO CHV Use of Prepe a `Y- Vacant, but used for;mformal Parking lot for a`dtacenti ?r� r q parking r ;anursing home Land Area 1.628 acres 1.628 acres UNPLATTED LANDS OF THE CITY OF OKEECHOBEE, COMMENCING AT SOUTHEAST CORNER OF SECTION 9, BEAR NORTH ON EAST LINE OF SECTION 9 A DISTANCE OF 324.12 FEET TO SOUTH BOUNDARY OF LAND. Parcel ID: 2-09-37-35-0A00-00010-A000 Serving Florida Local Governments Since 1988 Staff Report NININIOP Applicant's Nan %," Seniors `R" Able, Inc. Rezonin6 Petition No. 15-001-R The matter before the Local Planning Agency and City Council is a request to apply CHV zoning to the 1.628 acre parcel immediately to the west of the existing nursing home. This property is intended to accommodate a new parking lot for the nursing home. The subject parcel has already undergone Site Plan Review and the site plan was app oved by the TRC with minor modifications. The current and proposed zoning, use, anciacreage of the property are shown in the table on page 1. i i FutureLand U.seMapClassificafion' ` CCIVIU*" Caun FLUME w�', North Zoning ®istrict.a RG1(,Courity Zonm_g)`�. , �.. *'-j';�'c4 IG P - ate-$+ Existing LanclUse s� AFT RaulersonHospital�t X Future Land Use Map Classification Commercial Zoning District CHV East _ Okeechobee Healthcare Facility Existing Land Use (Nursing: home) F ure LandnlJse Map Classification Comme'tcial South k Zoning ®istricfifi,�� Ct,iVR �Y; E-xistmgALand70 WI Future Land Use Map Classification CCMU* (County FLUM) West Zoning .District Commercial (County Zoning) Existing Land Use Sunshine State Surgical Center *Commercial Corridor Mixed Use i i Section 70-340 of the Land Development Regulations requires that the reviewing body find tha an application for rezoning meets each of the following conditions. The Appli- cant ha provided a brief comment to each of the required findings. These have been copied directly from the Application and repeated on the following pages in Times Roman typeface. Staff comments are in this Arial bold typeface following the Applicant's statements. 2 Serving Florida Local Governments Since 1988 Staff Report `o✓ Rezoning Applicant's Name: Seniors `R" Able, Inc. Petition No. 15-001-R I. The proposed rezoning is not contrary to Comprehensive Plan requirements. "Land use is Commercial so it is not contrary to the Comp Plan requirements..." The Future Land Use designation on the property is Commercial and the proposed CHV zoning is consistent with this designation 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "Yes, 90-282(12) Commercial parking garage or lot, taxi stand, bus terminal." We agree. Sec. 90-282(12) specifically allows for a commercial parking lot as a permitted use in the CHV Zoning District. I The proposed use will not have an adverse effect on the public interest. "No, will not have an adverse effect on the public interest. Parking has existed on this property for the nursing home facility for years." We agree. The proposed parking lot will formalize and improve upon the informal parking that has occurring on the subject property for years. 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. "Yes, appropriate and compatible, not contrary or detrimental to urbanizing land use patterns." We agree. The proposed parking lot is directly associated with the existing nursing home. Vehicular access will be achieved in the same manner using the same private driveway that has been historically serving the property. A formal parking area meeting all LDR requirements and occupying the same property that has been informally used for years will be more compatible with adjacent land uses than the existing situation. The improvements proposed for the property will continue the current urbanizing land use pattern. RI 3 Serving Florida Local Governments Since 1988 Staff Report '%vi'+ Applicant's Nary Seniors `R" Able, Inc. Rezoning Petition No. 15-001-R 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. not adversely affect property values or living conditions or be a deterrent." We agree. The replacement of the existing informal parking area with a paved area! meeting all City standards will improve upon the current situation. This will certainly not adversely affect property values or living conditions. The development potential of adjacent vacant properties, which are also zoned CHV will likely be enhanced as opposed to being adversely affected. i i 6. The roposed use can be suitably buffered from surrounding uses, so as to reduce the impact of an nuisance or hazard to the neighborhood ' No 4hanges in the physical use are intended. Should have ample buffering." We 1gree. The City Limits Ditch provides a spatial buffer to the south. Mor, over, properties to the south are zoned CHV and there is little need to buff r such lands from another CHV property being used only as a parking lot. Simi arty, there is no need for buffering to protect the property to the north, whi h is a parking lot for Raulerson hospital. i I I 7. The �roposed use will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. "Will not create a density pattern that would overburden public facilities. Wegree. The new parking lot has no effect upon density and will not incr ase the need for additional or expanded public facilities or services. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety. "Will not create traffic congestion, flooding or drainage problems or otherwise affect publ c safety." We gree. A new parking lot for an existing nursing home, will affect neither density nor schools. Replacing an existing informal parking lot with a paved parking lot will improve public safety. Drainage will meet all SFWMD and City standards, which should represent an improvement over the current situation. n Serving Flogicla Local Governments Since 1988 Staff Report Rezoning Applicant's Name: Seniors 'R" Able, Inc. Petition No. 15-001-R 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "Not aware of any special burdens." We are unaware of any significant regulatory burdens or unnecessary restrictions that have been placed on the subject property. Recommendation Based on the foregoing analysis, we recommend approval of the requested rezoning from CPO to CHV. Submitted by: �a 361-JI-1- Wm. F. Brisson, AICP Planning Consultant April 8, 2015 Planning Board Hearing: April 16, 2015 City Council, 1st Reading: May 5, 2015 City Council 2"d Reading: May 19, 2015 Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Serving Florida Local Governments Since 1988 .� t-�jj�:• r , r,.... 1 .�ttll rl lift �l A .Y.f�y �, r! v � 1� , OA- i �s --i� �i�,. -�. � •��'ti lt4{ilj ,! .i il:ll.•i. E� I � t J f .!,I r :. URMU�,�•. t Sub ject ti �r•. '�.. f. is } i.. `.� -.l ��'4C+r'�� ,a 'rtrt�`?�'i },ctil � -. . � � t :'. V9 f _ r ''..`. Property IP t 4 \ t ` - ^� 6 \ t 1. � ,.�. i. ,�� *�F S•. ' tt •� � ^a .rc. tt � � �3r, t _ �.`�- •1:.:•Cery ...,r•+�. �V'lt'r �_'Y. �'rLi�'�.'. tir � Y ..-.. !_� -- r _"� �ti�_ .rx_ _acre:-cn_ :...'L t" _ .:•'�- 4-11 y s tSubject Property ram, y Y� AN �i.j y 7� diil" . �. ,� ' i.• ei; � r; b'.. f��' w:`�i ;,. 2 e y;.,Y Y}. � w � . � '' �YS �l. {••i � � • • ter. 'Ar .�'�'�ttsCih`ti S. IF 'P Subject Property Q, a -:A* Z 1. i or— ql - - - - - - - - - - - --- - - 'T- Exhibit 4 Aay 5, 2015 ORDINANCE NO. 1123 AN ORDINANCE OF THE CITYOF OKEECHOBEE, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF OKEECHOBEE BY REZONING TWO VACANT UNPLATTED PARCELS OF LAND MORE PARTICULARLY DESCRIBED HEREIN, EAST PARCEL ONE, FROM OKEECHOBEE COUNTYZONING NEIGHBORHOOD COMMERCIAL -TWO TO CITY OF OKEECHOBEE HEAVY COMMERCIAL ZONING DISTRICT, AND NORTH PARCEL TWO, OKEECHOBEE COUNTY ZONING AGRICULTURE TO CITY OF OKEECHOBEE HEAVY COMMERCIAL ZONING DISTRICT; AMENDING THE ZONING MAP ACCORDINGLY; PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Okeechobee, Florida has adopted Ordinance No. 402 in which a revised Official Zoning Map was adopted for said City; and HEREAS, Jennifer Williamson, Esquire, as Agent for the property owner(s), OHCF Properties, LLC, has heretofore filed Petition No. 15-002-R, pursuant to the Land Development Regulations of the City of Okeechobee for the purpose of rezoning two vacant unplatted parcels of land consisting of 5.01 acres, East Parcel One, from Okeechobee County Zoning Neighborhood Commercial -Two (NC-2) to City of Okeechobee Heavy Commercial (CHV) Zoning District, and North Parcel Two, Okeechobee County Zoning Agriculture to City of Okeechobee Heavy Commercial (CHV) Zoning District, and that this request be removed from the boundaries of the above mentioned zoning district to allow for the processing of the rezoning petition; and WHEREAS, said petition was reviewed by the City's Planning Consultant who determined, based on initial findings and review provided by the applicant, that such petition is consistent with the Comprehensive Plan; and HEREAS, said petition being reviewed by the City's Planning Board at a duly advertised Public Hearing held on April 16, 2015, 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 5.01 acres, as the subject property, located in the City of Okeechobee, to -wit: EAST PARCEL (1 of 2): A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE ATTHE SOUTHWEST CORNER OF SAID SECTION 10,THENCE PROCEED NORTH 89°32'54" Ordinance No. 1123 - Page 1 of 3 EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN ORB 315, PAGE 746 AND THE POINT OF BEGINNING. THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00000'07" WEST ALONG THE EAST LINE OF SAID PARCEL OF LAND DESCRIBED IN ORB 315, PAGE 746, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID PARCEL OF LAND; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89059'53" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 374.51 FEET TO A POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY„ FLORIDA; THENCE RUN SOUTH 31040'29" WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF 289.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT IN SAID WEST LINE, SAID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 410.00 FEET AND A CENTRAL ANGLE OF 11°32'39"; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT, A DISTANCE OF 82.61 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 10; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89°32'54" WEST ALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 186.72 FEET TO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 2.04 ACRES; TOGETHER WITH NORTH PARCEL (2 OF 2): A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCEATTHE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89°32'54" EASTALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00°00' 07" WEST, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN ORB 219, PAGE 593AND THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180,ALL PERTHE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 00°00'07" WEST, RUNNING ALONG THE EAST LINE OF SAID LANDS DESCRIBED IN ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89°59'53" EAST, PERPENDICULAR TO THE PRECEDING COURSE, A DISTANCE OF 547.38 FEET TO A POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB 49, PAGE 223 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 31 °40' 29" WEST, ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DISTANCE OF329.21 FEET TO THE NORTHEAST CORNER OF THE AFORESAID LANDS DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89059' 53" WEST, ALONG THE NORTH LINE OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, A DISTANCE OF 374.51 FEET TO THE POINT OF BEGINNING AND CONSISTING OF APPROXIMATELY 2.97 ACRES. 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, East Parcel One, from Okeechobee County Zoning Neighborhood Commercial -Two (NC-2) to City of Okeechobee Heavy Commercial (CHV), and North Parcel Two, Okeechobee County Zoning Agriculture to City of Okeechobee Heavy Commercial (CHV) Zoning District. SECTION 3: CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed Ordinance No. 1123 - Page 2 of 3 f SECTION 4: SEVERABILITY. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective thirty-one (31) days after its adoption if the associated Comprehensive Plan Amendment (15-001-SSA) is adopted and not timely challenged. If the Comprehensive Plan is timely challenged, this ordinance shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining the Comprehensive Plan Amendment to be in compliance. INTRODUCED for First Reading and set for Final Public Hearing on this 5" day of May, 2015. James E. Kirk, Mayor ATTEST: Gamiotea, CMC, City Clerk ASSED AND ADOPTED after Second and Final Public Hearing this 19`h day of May, 2015. ,TTEST: James E. Kirk, Mayor Gamiotea, CMC, City Clerk EWED FOR LEGAL SUFFICIENCY: ohn R. Cook, City Attorney Ordinance No. 1123- Page 3 of 3 Staff Report Rezoning Prepared for. Appll�ant: Petition No.: The City of Okeechobee OHCF Properties, LLC 15-002-R "Planning Management Services, Inc. 137 l5jad"soll Street, suite 200 Fort Myers-, Florida 239-33-i-3366 Serving Florida Local Governments Since 1988 Staff Report Rezoning General Information Applicant's Nam OHCF Properties, LLC Petition No. 15-002-R - - — _ INPk z OHCF':.Prope rties; LLB, Owner/Applicant R.O. Box 759 _Okeechobee, FL Site Address 1650 Highway 441, North & NE 19 Drive Okeechobee, FL 34972 Contact�Pe'rson. - _Ti , S,teveniL`"®>oljbs, T�� Contact Phone Number 863 634 7644 Exiisting . - - -Proposed -- --- ._ Zoning Disfricf South parcel (Parcel 1) NC72 (County Zoning) CHV North parcel (Parcel 2) Agricultural (County Zoning) CHV +�UseofPrroperty_ = —, Vacant` 't Nursing hoVme� ,� , Acreage, South parcel (Parcel 1) 2.04 acres 2.04 acres North parcel (Parcel 2) 2.97 acres 2.97 acres * URMU = Urban Residential Mixed Use Parcel Identification Numbers Parcel 1: 1-10-37-35-OA00-00001-B000: Parcel 2: 1-10-37-35-OA00-00001-0000 Serving Florida Local Governments Since 19SS Staff Report Rezoning Legal Description: PARCELI Applicant's Name`'-OHCF Properties, LLC Petition No. 15-002-R A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 89 DEGREES 32'54" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 316, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, PAGE 746 AND THE POINT OF BEGINNING. THENCE DEPARTING OUTH LINE, RUN NORTH 00 DEGREES 00'07" WEST ALONG: THE EAST SAID PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 315, , A DISTANCE OF 321.60 FEETTO THE NORTHEAST CORNER OF SAID PARC ND; THENCE DEPARTING SAID EAST LINE, RUN NORTH189DEGREES59' EA PERPENDICULARTO THE PRECEDING COURSE, A DISTANCE OF 374.51 POINT ON THE WEST LINE OF THE TAYLOR CREEK PERMANENT EASEM SCRIBED IN THE OFFICIAL RECORDS BOOK 49, PAGE 223 OF THE P B RE DS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 311) G " WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A DIST F 289.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT 1N SAID E SAID CURVE BEING CONCAVE TO THE SOUTHEAST, HAVING A RADI 410.00 FEET AND A CENTRAL ANGLE OF 11 DEGREES 32'39"; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND CONTINUING ALONG SAID WEST LINE OF THE TAYLOR CREEK PERMANENT EASEMENT, A DISTANCE OF 82.61 FEET TO THE INTERSECTION WITH THE AFORESAID SOUTH LINE OF SECTION 10; THENCE DEPARTING SAID WEST LINE OF THE TAYLOR CREEK EASEMENT, RUN SOUTH 89 DEGREES 32'54" WEST ALONG SAID SOUTH LINE OF SECTION 10, A DISTANCE OF 186.72 FEET TO THE POINT OF BEGINNING. Book697/Page1367 CFN#2011001714 Page 3 of 4 �► t .,,:ate - - 2 Serving Florida Local Governments Since 1988 Staff Report Rezoning PARCEL 2 Applicant's Name OHCF Properties, LLC Petition No. 15-002-R A PARCEL OF LAND LYING IN SECTION 10, TOWNSHIP 37 SOUTH, RANGE 35 EAST, OKEECHOBEE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE PROCEED NORTH 890 32' 64" EAST ALONG THE SOUTH LINE OF SAID SECTION 10, ALSO BEING THE SOUTH LINE OF THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK (ORB) 315, PAGE 746, OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, A DISTANCE OF 448.36 FEET TO THE SOUTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 316, PAGE 746; THENCE DEPARTING SAID SOUTH LINE, RUN NORTH 00° 00' 07" WEST, A DISTANCE OF 321.60 FEET TO THE NORTHEAST CORNER OF SAID LANDS DESCRIBED IN ORB 315, PAGE 746, ALSO BEING THE SOUTHEAST CORNER OF LANDS DESCRIBED IN ORB 219, PAGE 593 AND THE NORTHWEST CORNER OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, ALL PER THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA, ALSO BEING THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUE NORTH 000 00' 07" W EST, RUNNINGALONG THE EAST LINE OF SAID LANDS DESCRIBED IN ORB 219, PAGE 593, A DISTANCE OF 280.17 FEET; THENCE DEPARTING SAID EAST LINE, RUN NORTH 89° 59' 53" EAST, PERPENDICULAR TOW,--2�T DING COURSE, A DISTANCE OF 547.38 FEET TO A POINT ON THE WE HE TAYLOR CREEK PERMANENT EASEMENT AS DESCRIBED IN ORB3 OF THE PUBLIC RECORDS OF OKEECHOBEE COUNTY, FLORIDA; THENCE RUN SOUTH 3`i--�' " WEST ALONG SAID WEST LINE OF THE PERMANENT EASEMENT, A CE OF 329.21 FEET TO THE NORTHEAST CORNER OF THE AFOR F DESCRIBED IN ORB 524, PAGE 180; THENCE DEPARTING SAID WEST LI F THE TAYLOR CREEK EASEMENT, RUN SOUTH 890 59' 53" WEST ALO T H LINE OF SAID LANDS DESCRIBED IN ORB 524, PAGE 180, A DISTA 374.51 FEET TO THE POINT OF BEGINNING. Book697/Page1368 CFN#2011001714 Page 4 of 4 3 Serving Florida Local Governments Since 1988 Staff Report "" Applicant's Name" OHCF Properties, LLC Rezoning Petition No. 15-002-R Request The matter before the Local Planning Agency and City Council is a request to apply CHV zoning to the same two vacant parcels of land that are the subject of the preceding Small Scale Amendment (SSA) to the Comprehensive Plan. The current and proposed zoning, use, and acreage of each parcel are shown in the table on page 1. Adjacent Future -Land Use Map Classifications and Zoning Districts ` ��Future Land se Map:Classificatldit �Agr cui Itural & URIVIU* (,C� LOU— _FLUM U--- - - -- E 'r aca nt land��„:� - Land_se V . � Future Land Use Map Classification Agricultural & URMU (County FLUM) East Zoning District Agricultural (County zoning) Existing Land Use: Vacant land Future Land Use Map Classification Smgle=Family Residential SouthJ{`Z�oning District ____�j� R F nd Holding _< ..- :Vacant land -- 1 3Existmg Land Use - -- _ _. . _ Future Land Use Map Classification CCMU** & URMU (County FLUM) West Zoning District: RG (County zoning) CHV (City zoning) I Existing Land Use: Nursing Home and Hospital * URMU = Urban Residential Mixed Use ** CCMU = Commercial Corridor Mixed Use 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 a brief comment to each of the required findings. These have been copied directly from the Application and repeated on the following pages in Times Roman typeface. Staff comments, in this Arial typeface follow the Applicant's statements. 4 Seating Florida Locai Governments Since 1988 Staff Report Applicant's Name OHCF Properties, LLC Rezoning Petition No. 15-002-R 1. The proposed rezoning is not contrary to Comprehensive Plan requirements. "These parcels are currently not addressed in the Comprehensive Plan as they are yet to be annexed." Staff Comment: This rezoning application is being addressed concurrently with the Applicant's request for annexation into the City and for a Small Scale Amendment (SSA) to the City's Future Land Use Map (FLUM) to designate the subject parcels Commercial on the FLUM. Assuming the amendment is approved, the requested CHV zoning will be compatible with the Comprehensive Plan. 2. The proposed use being applied for is specifically authorized under the zoning district in the Land Development Regulations. "The proposed use of Nursing Home and Assisted Living Facility is not currently authorized under the zoning district, however, it is allowed under the requested Heavy Commercial zoning with a Special Exception which will be requested under separate application." Staff Comment: Nursing homes are listed under subsection 90-283(22) as a Special exception use in the CHV Zoning District. I 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 the property under the same ownership has been a nursing home for years." Staff Comment: The Applicant has stated that the parcels proposed for rezoning are to be used to accommodate an expansion of the existing nursing home and to provide water retention for the expansion and the improved parking on the parcel adjacent to U.S. 441. We do not envision such improvements having any adverse impact on the public interest. 4. The proposed use is appropriate for the location proposed, is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. "The proposed use is appropriate for the location and compatible with the adjacent land uses as Raulerson Hospital is to the northwest and the Nursing Home is to the west. None of the adjacent land uses will be adversely impacted." 5 Serving Florida Local Governments Since 1988 Staff Report �kw Applicant's Named-- OHCF Properties, LLC Rezoninil Petition No. 15-002-R Staff Comment: The proposed uses of the subject properties will be directly associated with the existing use to the west and will gain vehicular access from the same private roadway, therefore, the proposed use is appropriate for the location. The proposed expansion of the existing nursing home facility onto Parcel 1 will be relatively similar in scale and impact upon the vacant single-family zoned properties to the south as is the current nursing home, and possibly less so. These properties are separated from the existing and proposed uses by the City Limits Ditch, which appears to be about 35 feet wide. Properties to the east of the subject properties are separated from the nearest neighboring properties by Taylor creek. The proposed use of the northern property (Parcel 2) should have little or no impact upon Raulerson Hospital or the vacant property to the north. In summary, we agree the use is appropriate for the location, is reasonably compatible with adjacent uses, and is consistent with the urbanizing land use pattern in the area. 5. The luipposed use will not adversely affect property values or living conditions, or be a deter Jnt to the improvement or development of adjacent property. "As s t4ted previously, the use has been the same on the property to the west and northwest for m a0y hears and if there were any impact to the factors above, they would have already been dalized." Staff Comment: We agree that the nature and scale of the proposed improvements are not significantly different from that already in existence and should not appreciably affect property values, living conditions or development potential of adjacent properties. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood "The property as proposed will be an expansion of the Nursing Home to the west, compatible and conveniently located to the Raulerson Hospital to the northwest, which should require no buffering. Taylor Creek is to the east and the City Limits Ditch is to the south, which provides adequate buffering from surrounding uses." Staff Comment: We agree that the similar character of the two existing uses in the immediate vicinity (Raulerson Hospital and the Nursing Home) negates the need for buffering between these two uses. Similarly, the spatial buffers afforded by the City Limits Ditch to the south and Taylor Creek to the east should provide adequate protection for the properties to the immediate south and east. 6 Serving Florida Local Governments Since 1988 Staff Report Rezoning Applicant's Name OHCF Properties, LLC Petition No. 95-002-R 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 or will it create a density pattern that would overburden any of the public resources in the area." Staff Comment: As a commercial nursing home, neither density nor schools are affected. The expansion of the nursing home as proposed represents only a modest increase in the number of rooms. Neither the increase of 18 rooms nor the expansion of the ancillary facilities associated with the increased capacity will result in a significant increase in intensity, traffic, or the need for utility services. 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 boarded on the south by the City Limits Ditch and on the east by Taylor Creek, and there is no plan to change existing drainage patterns, nor impact public safety." Staff Comment: We do not expect the modest expansion of facilities to significantly increase traffic and should have no adverse impacts upon public safety. The proposed improvements will be required to address SFWMD stormwater standards and City drainage requirements. 9. The proposed use has not been inordinately burdened by unnecessary restrictions. "The proposed use was previously planned to remain in Okeechobee County, but due to the required expansion of the Nursing Home these parcels were required to be annexed into the City of Okeechobee." Staff Comment: As the subject properties are located in the unincorporated portion of Okeechobee County, they have not heretofore been subject to City Regulations. Upon annexation the properties will be required to meet all applicable provisions of the City's LDRs. `i1 7 Serving Florida Local Governments Since 1938 Staff Re6ort 1111111W Applicant's Name— OHCF Properties, LLC Rezonin Petition No. 15-002-R Based on the foregoing analysis, we recommend the subject parcels be zoned CHV. Submitted by: Wm. F. 3 =Itant AICP Plannin April8, 1015 Planning Board Hearing: April 16, 2015 City Council, 15t Reading: May 5, 2015 City Council 2nd Reading: May 19, 2015 Attachments: Future Land Use, Subject & Environs Zoning, Subject & Environs Existing Land Use, Subject & Environs Serving Florda Local Governments Since 1988 Agricultural & URMU N.- fir,.,111s15 Subject Property If Tv r ----- -------------- - ------ ------------ "'0 r.4 AND �s'tt ...tyr, w �IMr,��yer�n:i�� 1►ti`N.�.:,�� a ��t, ia ltx {f�J_ 1 { 2 V L � • / f s r 3 •'� y t`a ,, +� y,S1 +a Ir. Subject Property fro 1 __ ` L j� ✓ _ ursing Home IN 4 � yiS r1�. ys.H.�r..i' ! ,l � a l t ,i • _ ,_ tYY�i1v':ii.-`C'.c%.�r"'h+ �'�•'Y1�j .'�r4r �'�fi3 1 �?_?``t -_� _ _.._ Y �• t r - 1 i t It •t r � ' C s E' Nil In Exhibit 5 May 5, 2015 ORDINANCE NO. 1124 AN ORDINANCE OF THE CITY OF OKEECHOBEE FLORIDA, RESCINDING ORDINANCE 985, WHICH CREATED CODE BOOK CHAPTER 71 IMPACT FEES, AUTHORIZING INTERLOCAL AGREEMENTS TO ACCOMPLISH SAME; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Okeechobee, Florida, adopted Ordinance No. 985, effective June 5, 2007, which created the Code of Ordinance Chapter 71, to impose impact fees within the City, with means of imposition, exemptions, accounting methods, and use of funds; and WHEREAS, concurrent with the ordinance, the City of Okeechobee entered into interlocal agreements with the Board of County Commissioners, and Okeechobee County School District which concerned imposition of impact fees by those agencies within the City of Okeechobee, accountings and other terms, which agreements are due to expire in 2017; and WHEREAS, the interlocal agreements require that all parties consent and agree to the termination of the agreements if so desired, prior to the natural expiration date set out in the agreement of 2017; and WHEREAS, all entities have determined that the imposition of impact fees is not conducive to growth and development within Okeechobee County, and that the provision of capital improvements, infrastructure, and capital facilities is attainable by the respective entities within current capabilities without the need for impact fees, and still maintain compliance with their respective comprehensive plans; and WHEREAS, the County Commission and School District have taken action to rescind their respective ordinances or appropriate action of each board; and WHEREAS, the City is not in possession of any remaining funds which may have been collected through the imposition of impact fees as a result of the ordinance. NOW THEREFORE, be it ordained before the City Council of the City of Okeechobee, Florida; presented at a duly advertised public meeting; and passed by majority vote of the City Council; and properly executed by the Mayor or designee, as Chief Presiding Officer for the City; that: SECTION 1. Amendment and Adoption. THAT the City Council for the City of Okeechobee, Florida, herewith rescinds Ordinance No. 985, heretofore passed by the Council on June 5, 2007 in its entirety. SECTION 2. Preservation of Rights. THAT nothing in this action may be construed as waiving, limiting or otherwise preventing the imposition of impact fees within the City of Okeechobee in the future if such action were deemed to be in the best interest of the City at that time. Ordinance No. 1124 - Page 1 of 2 M M 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 a court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect. SECTION 5. Effective Date. This Ordinance shall take effect immediately upon its passage. INTRODUCED for first reading and set forfinal public hearing on this 51n day of May, 2015. ATTEST: James. E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk PASSED AND ADOPTED after Second and Final Public Hearing this 19' day of May, 2015. ATTEST: James E. Kirk, Mayor Lane Gamiotea, CMC, City Clerk REVIEWED FOR LEGAL SUFFICIENCY: John R. Cook, City Attorney Ordinance No. 1124 - Page 2 of 2 City of Okeechobee 55 SE 3"d Av Okeechob- - FL 34974-2932 Office of the City Ahw4inistrator %-O Brian Whitehall Ph 863-763-3372 Fax 763-1686 email • bwhitehall(� ity f k h b • o ee com Exhibit 6 M * * * * *Memorandum May 5, 2015 Planning Board ror & City Council 116 2015 Planning Board 5 2015 City Counci' rpee iinistrator Whitehall RE: Flood Plain Ordinance /Flood In' suraric� Rate Map (FIRM) Federal regulations require that the City adopt new legally enforceable floodplain management measures by July 16, 2015 as a condition of continued eligibility in the National Flood Insurance program (NFIP) for our residents. We plan to accomplish this in the following manner: Planming Board recommendation — 4/16/15 (advertise 3/29 & 418) FL State Floodplain Management Office review (approx 5/6/15 — 6/15/15) City ouncil action - 1st rdg — 5/5/15, 2"d and final — 6/16/15 (advertisement 6/5/1 ) The proposed model ordinance, attached, submitted to the City by the FL Emergency Management (through FEMA/U S Dept of Homeland Security) conte ins the minimum standards required in a local ordinance. In developing the ordinance, FEMA prepared a statistical report called the Flood Insurance Study (FIS) and composed new Flood Insurance Rate Maps (FIRM) for Okeechobee. I'm a"closing a typical panel(s) from the FIRM. Unfo tunately, FEMA has not afforded the City additional copies of the FIRM pane s, I would refer you to the following web site (the site indicates 'preliminary' but F MA advised that there were essentially no amendments): NO.) co.okeechobee.fl.us/node/400 At th t site, you will find the index panel and the panels that identify parcels insido of the city limits: #041 C, 0480C, & 0485C You v ill also see the FIS mentioned above at that same site at the bottom of the page or go directly to this web site: *ftw TO: City Planning Board RE: Floodplain Mgmt Ord pg 2 of 2 Mayor & City Council 4/16/15(PB) 5/5/15& 6/16/15(Council) While you can see the FIRM category descriptions on either the panels or within the FIS mentioned above, I'm mentioning them here, below. FIRM (Flood Insurance Rate Ma Used by Insurance companies to assign risk and therefore premium and policy information, the City has basically four flood insurance zone designations: o e , — dark gray on the FIRM, where no base elevation is noted (subject to a 100-yr flood) �one A —dark gray, where the base elevation is 16' (subject to a 100-yr flood) Zone;X - light gray, no elevation restriction (subject to a 500-yr flood) Zone — white, no elevation and is outside of the 500-yr flood area Adoption of the Floodplain Management Ordinance The basic premise of adoption of the ordinance is to repeal antiquated flood management code provision and replace them with floodplain regs that explicitly coordinate with the building code. Of course the City utilizes the FL Bldg Code (FBC) and that code provides guidance on building design. The ordinance we're considering provides code guidance on the administrative mechanics of carrying out new flood -resistant design FBC prerequisites. During each review process the draft ordinance must be given to the FL Emerg Management office to confirm compliance. I recently sent the draft (attached) to them simply incorporating Code numbering to jibe wI our Code and a cpl of other non -substantive points. After the Planning B'd and City Council 1st Reading I will be required to again submit the ordinance for further review. Page 2 cm c-&ns and Notes that ). go Wfth this FIMAL version panuae4s,- fleeete (longer- MyGu make many changes) --at a AN ORE AMEND TO REP 82-121 t number HAZAR PROCE FOR OT FLORID SEVER _ ORDINANCE NO. 1125 X-XX INANCE BY THE ( (OKEECHOBEE CITY COUNCIL) NG THE CITY OFOKEECHOBEE CODE OF ORDINANCES AL )Chapter 82, Article V. Section irouah 82-127; TO ADOPT A NEW (insert appropriate chapter/section )Chapter 82, Article V, Section 82-121 through 82-127•,- TO ADOPT FLOOD MAPS, TO DESIGNATE A FLOODPLAIN ADMINISTRATOR, TO ADOPT URES AND CRITERIA FOR DEVELOPMENT IN FLOOD HAZARD AREAS, AND ER PURPOSES; TO ADOPT LOCAL ADMINISTRATIVE AMENDMENTS TO THE BUILDING CODE; PROVIDING FOR APPLICABILITY; REPEALER; BILITY; AND AN EFFECTIVE DATE. I i HEREAS, the Legislature of the State of Florida has, in ent or Chapter 166 — MunicioalitiesesA_ Florida State itPs cnnfarrar9 i innn Innol governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the Federal Emergency Management Agency has identified special flood hazard areas within the boundaries.of the City of Okeechboee and such arelas may be subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare, and FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b WHEREAS, the City of Okeechobee was accepted for participation in the National Flood Insurance Program on (*NOTE: ACCORDING TO THE FIS THE CITY OF OKEECHOBEE DID NOT HAVE A FIRM PRIOR TO THE FIRST COUNTYWIDE FIRM FOR OKEECHOBEE COUNTY WHICH WAS EFFECTIVE FEBRUARY 4, 1981 date of and the Okeechobee City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and WHEREAS, Chapter 553, Florida Statutes, was adopted by the Florida Legislature to provide a mechanism for the uniform adoption, updating, amendment, interpretation and enforcement of a state building code, called the Florida Building Code; and WHEREAS, section 553.73(5), Florida Statutes, allows adoption of local administrative amendments to the Florida Building Code to implement the National Flood Insurance Program; and WHEREAS, the Okeechobee City Council has determined that it is in the public interest to adopt the proposed floodplain management regulations that are coordinated with the Florida Building Code. NOW, THEREFORE, BE IT ORDAINED by the C� Council of the City of Okeechobee that the following floodplain management regulations, and the following local administrative amendments to the Florida Building Code, are hereby adopted. SECTION 1. RECITALS. The foregoing whereas clauses are incorporated herein by reference and made a part hereof. SECTION 2. This ordinance specifically repeals and replaces the following ordinance(s) and regulation(s): (Chapter 82, Article V. Section 82-121 through 82-127 ey.11sting flood damage Fedurtion Fegulations that wall be replaGed by4t Fegulations that also will be r-eplaGed by these r-egulatiensy. CHAPTER 82 ARTICLE 1--V. FLOOD HAZARD ZONE REGULATIONS DIVISION 1. ADMINISTRATION SECTION 121 4-04 GENERAL 182-121.1 481-1 Title. These regulations shall be known as the Floodplain Management Ordinance of the City of Okeechobee , hereinafter referred to as "this ordinance." 82-121.2104-.-"cope. The provisions of this ordinance shall apply to all development that is wholly within or partially within any flood hazard area, including but not limited to the subdivision of land; filling, grading, and other site improvements and utility installations; construction, alteration, remodeling, enlargement, improvement, replacement, repair, relocation or demolition of buildings, structures, and facilities that are exempt from the Florida Building Code; placement, installation, or replacement of manufactured homes and manufactured buildings; installation or replacement of tanks; placement of recreational vehicles; installation of swimming pools; and any other FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 2 0 development. 82-121.3 401.3 Intent. The purposes of this ordinance and the flood load and flood resistant construction requirements of the Florida Building Code are to establish minimum requirements to safeg and the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas to: (1) Minimize unnecessary disruption of commerce, access and public service during times Of flooding; (2) Require the use of appropriate construction practices in order to prevent or minimize future flood damage; (3) anage filling, grading, dredging, mining, paving, excavation, drilling operations, storage f equipment or materials, and other development which may increase flood damage or rosion potential; (4) Manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; (5) Minimize damage to public and private facilities and utilities; (6) Help maintain a stable tax base by providing for the sound use and development of flood Hazard areas; (7) Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and (8) Meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22. 82-121.4 481-Coordination with the Florida Building Code. This ordinance is intended to be admi istered and enforced in conjunction with the Florida Building Code. Where cited, ASCE 24 refers to the edition of the standard that is referenced by the Florida Building Code. 82-121. 404-.5Warning. The degree of flood protection required by this ordinance and the Florida I uilding Code, as amended by this community, is considered the minimum reasonable for regulatoi 1 purposes and is based on scientific and engineering considerations. Larger floods can and will ccur. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside of mapped special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps anJ the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with this ordinance. 82-121.0 401.6-Disclaimer of Liability. This ordinance shall not create liability on the part of (the Ci!y Council governing -bed } of {the City of Okeechobe } or by any officer or employee thereof for any flood damage that results from reliance on this ordinance or any administrative decision lawfully made thereunder. SECTION 82-122 402 APPLICABILITY FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 3 82-122.1 102.1-General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. 82-122.2102.2 Areas to which this ordinance applies. This ordinance shall apply to all flood hazard areas within the City of Okeechobee , as established in Section 82-122.3102.3 of this ordinance. 82-122.3 402.3 Basis for establishing flood hazard areas. The Flood Insurance Study for {Okeechobee County. Florida and incorporated areasinsert title ^ dated u(J ly 16, 201 , and all subsequent amendments and revisions, and the accompanying Flood Insurance Rate Maps (FIRM), and all subsequent amendments and revisions to such maps, are adopted by reference as a part of this ordinance and shall serve as the minimum basis for establishing flood hazard areas. Studies and maps that establish flood hazard areas are on file at the (City of Okeechobee, 55 SE 3`d Avenue, Okeechobee, FL, 3497 82-122.3.1 402�4 Submission of additional data to establish flood hazard areas. To establish flood hazard areas and base flood elevations, pursuant to Section 82-125 405 of this ordinance the Floodplain Administrator may require submission of additional data. Where field surveyed topography prepared by a Florida licensed professional surveyor or digital topography accepted by the community indicates that ground elevations: (1) Are below the closest applicable base flood elevation, even in areas not delineated as a special flood hazard area on a FIRM, the area shall be considered as flood hazard area and subject to the requirements of this ordinance and, as applicable, the requirements of the Florida Building Code. (2) Are above the closest applicable base flood elevation, the area shall be regulated as special flood hazard area unless the applicant obtains a Letter of Map Change that removes the area from the special flood hazard area. 82-122.4 402.4 Other laws. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state or federal law. 82-122.6 402.5 Abrogation and greater restrictions. This ordinance supersedes any ordinance in effect for management of development in flood hazard areas. However, it is not intended to repeal or abrogate any existing ordinances including but not limited to land development regulations, zoning ordinances, stormwater management regulations, or the Florida Building Code. In the event of a conflict between this ordinance and any other ordinance, the more restrictive shall govern. This ordinance shall not impair any deed restriction, covenant or easement, but any land that is subject to such interests shall also be governed by this ordinance. 82-122.6 402.6 Interpretation. In the interpretation and application of this ordinance, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state. statutes. SECTION 82-123 483 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 4 ` tw on 82-12 3al 40M Designation. The {City Administrator insert positien title) is designated as the Floodplain Administrator. The Floodplain Administrator may delegate performance of certain duties to other employees. 82-123. 403.2 General. The Floodplain Administrator is authorized and directed to administer and enf rce the provisions of this ordinance. The Floodplain Administrator shall have the authorit to render interpretations of this ordinance consistent with the intent and purpose of this ordinan a and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this ordinance without the granting of a variance pursuant to Section 82-1274G7- of this ordinance. 82-123. 103.3 Applications and permits. The Floodplain Administrator, in coordination with other pej' inent offices of the community, shall: (1) Review applications and plans to determine whether proposed new development will be located in flood hazard areas; (2) Review applications for modification of any existing development in flood hazard areas for compliance with the requirements of this ordinance; (3) Interpret flood hazard area boundaries where such interpretation is necessary to determine the exact location of boundaries; a person contesting the determination shall hIave the opportunity to appeal the interpretation; (4) Orovide available flood elevation and flood hazard information; (5) Determine whether additional flood hazard data shall be obtained from other sources or shall be developed by an applicant; (6) Review applications to determine whether proposed development will be reasonably safe from flooding; (7) issue floodplain development permits or approvals for development other than buildings and structures that are subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code, when compliance with this ordinance is demonstrated, or disapprove the same in the event of noncompliance; (8) Ooordinate with and provide comments to the Building Official to assure that applications, plan reviews, and inspections for buildings and structures in flood hazard 4reas comply with the applicable provisions of this ordinance. 82-123. 483:4 Substantial improvement and substantial damage determinations. For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, change of occupancy, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Building Official, shall: (1) Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made; FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b cm In (2) Compare the cost to perform the improvement, the cost to repair a damaged building to its pre -damaged condition, or the combined costs of improvements and repairs, if applicable, to the market value of the building or structure; (3) Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage; and (4) Notify the applicant if it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the Florida Building Code and this ordinance is required. 82-123.6103.6 Notices and orders. The Floodplain Administrator shall coordinate with appropriate local agencies for the issuance of all necessary notices or orders to ensure compliance with this ordinance. 82-123.6103.7 Inspections. The Floodplain Administrator or Building Official shall make the required inspections as specified in Section 82-126 406 of this ordinance for development that is not subject to the Florida Building Code, including buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator or Building Official shall inspect flood hazard areas to determine if development is undertaken without issuance of a permit. 82-123.7103.8 Other duties of the Floodplain Administrator. The Floodplain Administrator shall have other duties, including but not limited to: (1) Establish, in coordination with the Building Official, procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 82-123.4 403.4 of this ordinance; (2) Require that applicants proposing alteration of a watercourse notify adjacent communities and the Florida Division of Emergency Management, State Floodplain Management Office, and submit copies of such notifications to the Federal Emergency Management Agency (FEMA); (3) Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps if the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within 6 months of such data becoming available; (4) Review required design certifications and documentation of elevations specified by this ordinance and the Florida Building Code and this ordinance to determine that such certifications and documentations are complete; and (5) Notify the Federal Emergency Management Agency when the corporate boundaries of fthe City of Okeechobee are modified. 82-123.8 483.9- Floodplain management records. Regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 6 permanently keep and make available for public inspection all records that are necessary for the administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, including Flood Insurance Rate Maps; Letters of Change; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improve nent or repair of substantial damage; required design certifications and documentation of eleva ions specified by the Florida Building Code and this ordinance; notifications to adjacent commui dies, FEMA, and the state related to alterations of watercourses; assurances that the flood ca rying capacity of altered watercourses will be maintained; documentation related to appeals; and variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to this ordinance and the flood resistant construction requirements of the Florida i�uilding Code. These records shall be available for public inspection at (Cityof Okeech bee. 55 SE 3`dAvenue. Okeechohee_ FL_ U97dl.,natinn ..nd insU-•.-i"anc in SECTION 82-124 404 PERMITS 82-124. 1.94.1 Permits required. Any owner or owner's authorized agent (hereinafter "applicant") who intends to undertake any development activity within the scope of this ordinance, including buildings, structures and facilities exempt from the Florida Building Code, which iswholly within or partially within any flood hazard area shall first make application to the Floodplain Administrator, and the Building Official if applicable, and shall obtain the required permit(s) and approval(s). No such permit or approval shall be issued until compliance with the requirements of this ordinance and all other applicable codes and regulations has been satisfied. 82-124. 484.2 Floodplain development permits or approvals. Floodplain development permits or approvals shall be issued pursuant to this ordinance for any development activities not subject to the requirements of the Florida Building Code, including buildings, structures and facilities exempt from the; Florida Building Code. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit. 82-124..1 404.2.9 Buildings, structures and facilities exempt from the Florida Building Code. ursuant to the requirements of federal regulation for participation in the National Flood Insurance Program (44 C.F.R. Sections 59 and 60), floodplain development permits or approvals shall be required for the following buildings, structures and facilities that are exempt from the Florida Building Code and any further exemptions provided by law, which are subject to the requirements of this ordinance: (1) Railroads and ancillary facilities associated with the railroad. (2) Nonresidential farm buildings on farms, as provided in section 604.50, F.S. (3) Temporary buildings or sheds used exclusively for construction purposes. (4) Mobile or modular structures used as temporary offices. (5) Those structures or facilities of electric utilities, as defined in section 366.02, F.S., which are directly involved in the generation, transmission, or distribution of electricity. (6) Chickees constructed by the Miccosukee Tribe of Indians of Florida or the Seminole Tribe of Florida. As used in this paragraph, the term "chickee" means an open -sided Wooden but that has a thatched roof of palm or palmetto or other traditional materials, and that does not incorporate any electrical, plumbing, or other non -wood features. FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 7 (7) Family mausoleums not exceeding 250 square feet in area which are prefabricated and assembled on site or preassembled and delivered on site and have walls, roofs, and a floor constructed of granite, marble, or reinforced concrete. (8) Temporary housing provided by the Department of Corrections to any prisoner in the state correctional system. (9) Structures identified in section 553.73(10)(k), F.S., are not exempt from the Florida Building Code if such structures are located in flood hazard areas established on Flood Insurance Rate Maps 82-124.3104.3 Application for a permit or approval. To obtain a floodplain development permit or approval the applicant shall first file an application in writing on a form furnished by the community. The information provided shall: (1) Identify and describe the development to be covered by the permit or approval. (2) Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site. (3) Indicate the use and occupancy for which the proposed development is intended. (4) Be accompanied by a site plan or construction documents as specified in Section 82- 125485 of this ordinance. (5) State the valuation of the proposed work. (6) Be signed by the applicant or the applicant's authorized agent. (7) Give such other data and information as required by the Floodplain Administrator or Building Official. 82-124.4104. Validity of permit or approval. The issuance of a floodplain development permit or approval pursuant to this ordinance shall not be construed to be a permit for, or approval of, any violation of this ordinance, the Florida Building Codes, or any other ordinance of this community. The issuance of permits based on submitted applications, construction documents, and information shall not prevent the Floodplain Administrator from requiring the correction of errors and omissions. 82-124.5 484.5 Expiration. A floodplain development permit or approval shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions for periods of not more than 180 days each shall be requested in writing and justifiable cause shall be demonstrated. 82-124.6 404.6 Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a floodplain development permit or approval if the permit was issued in error, on the basis of incorrect, inaccurate or incomplete information, or in violation of this ordinance or any other ordinance, regulation or requirement of this community. 82-124.7 484� Other permits required. Floodplain development permits and building permits shall include a condition that all other applicable state or federal permits be obtained before commencement of the permitted development, including but not limited to the following: FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b (1) The {South Florida �, zname)-Water Management District; section 373.036, F.S. (2) Florida Department of Health for onsite sewage treatment and disposal systems; section 381.0065, F.S. and Chapter 64E-6, F.A.C. (3) Florida Department of Environmental Protection for activities subject to the Joint Coastal Permit; section 161.055, F.S. (4) lorida Department of Environmental Protection for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 04 of the Clean Water Act. (5) Federal permits and approvals. SECTION 82-125 4-N SITE PLANS AND CONSTRUCTION DOCUMENTS 82-126. a85.4 Information for development in flood hazard areas. The site plan or construotion documents for any development subject to the requirements of this ordinance shall be drawn to scale and shall include, as applicable to the proposed development: (1) Pelineation of flood hazard areas, floodway boundaries and flood zone(s), base flood dlevation(s), and ground elevations if necessary for review of the proposed (2) Where base flood elevations, or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 82-125.2(2) 1105.2(22) or (3) of this ordinance. (3) Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than 5 acres and the base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 82-125.2(1) 3 of this ordinance. (4) Location of the proposed activity and proposed structures, and locations of existing buildings and structures. (5) Location, extent, amount, and proposed final grades of any filling, grading, or (6) W, here the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and ejvidence that the proposed fill areas are the minimum necessary to achieve the intended (7) existing and proposed alignment of any proposed alteration of a watercourse. The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by this ordinance but that are not required to be prepared by a registered design professional if it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with this ordinance. 02-125.2 485.2 Information in flood hazard areas without base flood elevations (approximate Zone A). Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the Floodplain Administrator shall: FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b (1) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices. (2) Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source. (3) Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the Floodplain Administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate: (a) Require the applicant to include base flood elevation data prepared in accordance with currently accepted engineering practices; or (b) Specify that the base flood elevation is two (2) feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two (2) feet. (4) Where the base flood elevation data are to be used to support a Letter of Map Change from FEMA, advise the applicant that the analyses shall be prepared by a Florida licensed engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. 82-125.3 496-.3-Additional analyses and certifications. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a Florida licensed engineer for submission with the site plan and construction documents: (1) For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 82-125.4105.4 of this ordinance and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents. (2) For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the Flood Insurance Study or on the FIRM and floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH. (3) For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood -carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood -carrying capacity; the applicant shall submit the analysis to FEMA as specified in Section 82-125.4 105.4 of this ordinance. FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 10 "'w I.✓ 82-126. 446.4-Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change from FEMA to change the base flood elevatiorhs, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, nd to submit such data to FEMA for such purposes. The analyses shall be prepared by a Flo ida licensed engineer in a format required by FEMA. Submittal requirements and process ng fees shall be the responsibility of the applicant. SECTION 82-126186 INSPECTIONS 106.1 General. Development for which a floodplain development permit or approval is shall be subject to inspection. 82-126..1 106�1-Development other than buildings and structures. The Floodplain Adminis rator or Building Official shall inspect all development to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 82-126..212-Buildings, structures and facilities exempt from the Florida Building Code. The Floodplain Administrator or Building Official shall inspect buildings, structures and facilities! exempt from the Florida Building Code to determine compliance with the requirements of this ordinance and the conditions of issued floodplain development permits or approvals. 82-126..2.1 106�v .12..1-Buildings, structures and facilities exempt from the Florida Buildin Code, lowest floor inspection. Upon placement of the lowest floor, including basement, and prior to further vertical construction, the owner of a building, structure or facility exempttrom the Florida Building Code, or the owner's authorized agent, shall submit to the Floodpl in Administrator or Building Official: (1) It a design flood elevation was used to determine the required elevation of the lowest floor, the certification of elevation of the lowest floor prepared and sealed by a Florida licensed professional surveyor; or (2) It the elevation used to determine the required elevation of the lowest floor was determined in accordance with Section 82-125.2(3)(b) 486:2{3W of this ordinance, the ocumentation of height of the lowest floor above highest adjacent grade, prepared by the owner or the owner's authorized agent. 82-126..2.2 406, 1.2.2 Buildings, structures and facilities exempt from the Florida Buildin Code, final inspection. As part of the final inspection, the owner or owner's authoriz d agent shall submit to the Floodplain Administrator or Building Official a final certification of elevation of the lowest floor or final documentation of the height of the lowest floor above the highest adjacent grade; such certifications and documentations shall be prepared as specified in Section 106.1.2.1 of this ordinance. 82-126.h.31864-3-Manufactured homes. The Floodplain AdFAinistFateF Administrator or Building Official -shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of this ordinance and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted to the Floodplain Administrator or Building Official. FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 11 SECTION 82-127 4 )7 VARIANCES AND APPEALS 82-127.1 4871-General. The {City of Okeechobee Board of Adjustment bedydesignated te- hear -varianeeel-shall hear and decide on requests for appeals and requests for variances from the strict application of this ordinance. Pursuant to section 553.73(5), F.S., the J City of Okeechobee Board of Adjustment shall hear and decide on requests for appeals and requests for variances from the strict application of the flood resistant construction requirements of the Florida Building Code. 82-127.2 407�-Appeals. The {City of Okeechobee Board of Adiustment.body designated to hear vaFlanse*shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the administration and enforcement of this ordinance. Any person aggrieved by the decision of { City of Okeechobee Board of Adiustment may appeal such decision to the Circuit Court, as provided by Florida Statutes. 82-127.3107.3 Limitations on authority to grant variances. The (City of Okeechobee Board of Adiustment shall base its decisions on variances on technical justifications submitted by applicants, the considerations for issuance in Section 82-127.61 A7.6 of this ordinance, the conditions of issuance set forth in Section 82-127.7 107.7 of this ordinance, and the comments and recommendations of the Floodplain Administrator and the Building Official. The (City of Okeechobee Board of Adiustment bedy designated to hear YaFianGes) has the right to attach such conditions as it deems necessary to further the purposes and objectives of this ordinance. 82-127.3.1 107 3.1 Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway if any increase in base flood elevations would result, as evidenced by the applicable analyses and certifications required in Section 82-125.3405-.3 of this ordinance. 82-127.4107.4 Historic buildings. A variance is authorized to be issued for the repair, improvement, or rehabilitation of a historic building that is determined eligible for the exception to the flood resistant construction requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildings, upon a determination that the proposed repair, improvement, or rehabilitation will not preclude the building's continued designation as a historic building and the variance is the minimum necessary to preserve the historic character and design of the building. If the proposed work precludes the building's continued designation as a historic building, a variance shall not be granted and the building and any repair, improvement, and rehabilitation shall be subject to the requirements of the Florida Building Code. 82-127.6 497.5 Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use, as defined in this ordinance, provided the variance meets the requirements of Section 82- 127.3.1187.3. is the minimum necessary considering the flood hazard, and all due consideration has been given to use of methods and materials that minimize flood damage during occurrence of the base flood. 82-127.6 49�6 Considerations for issuance of variances. In reviewing requests for variances, the {City of Okeechobee Board of Adiustment .body designated to heai! s)-shall consider all technical evaluations, all relevant factors, all other applicable FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 12 On provisions of the Florida Building Code, this ordinance, and the following: (1) The danger that materials and debris may be swept onto other lands resulting in further injury or damage; (2) The danger to life and property due to flooding or erosion damage; (3) The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners; (4) The importance of the services provided by the proposed development to the community; (5) The availability of alternate locations for the proposed development that are subject to Inwer risk of flooding or erosion; (6) The compatibility of the proposed development with existing and anticipated (7) The relationship of the proposed development to the comprehensive plan and floodplain management program for the area; (8) -the safety of access to the property in times of flooding for ordinary and emergency (9) The expected heights, velocity, duration, rate of rise and debris and sediment transport df the floodwaters and the effects of wave action, if applicable, expected at the site; and (10) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and bridges. 127 1187.7Conditions for issuance of variances. Variances shall be issued only upon: (1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this ordinance or the required elevation standards; (2) [Determination by the {City of Okeechobee Board of Adjustment .body designated to #dear-vadanses}-that: (a) Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship; (b) The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and ordinances; and (c) The variance is the minimum necessary, considering the flood hazard, to afford relief; (3) Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and (4) If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 13 M M variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation (up to amounts as high as $25 for $100 of insurance coverage), and stating that construction below the base flood elevation increases risks to life and property. SECTION 82-128 488 VIOLATIONS 82-128.1 4e81-Violations. Any development that is not within the scope of the Florida Building Code but that is regulated by this ordinance that is performed without an issued permit, that is in conflict with an issued permit, or that does not fully comply with this ordinance, shall be deemed a violation of this ordinance. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by this ordinance or the Florida Building Code is presumed to be a violation until such time as that documentation is provided. 82-128.2 488.2-Authority. For development that is not within the scope of the Florida Building Code but that is regulated by this ordinance and that is determined to be a violation, the Floodplain Administrator is authorized to serve notices of violation or stop work orders to owners of the property involved, to the owner's agent, or to the person or persons performing the work. 82-128.3 108.3 Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by law t^. insert speGi 0n refeFenGe to 6tate OF IGGal 'aW) DIVISION 2. DEFINITIONS 'ARTICLE 11 DEFINITIONS SECTION 82-221 2-04 GENERAL 82-221.1 201.1-Scope. Unless otherwise expressly stated, the following words and terms shall, for the purposes of this ordinance, have the meanings shown in this section. 82-221.2 201-.2-Terms defined in the Florida Building Code. Where terms are not defined in this ordinance and are defined in the Florida Building Code, such terms shall have the meanings ascribed to them in that code. 82-221.3 2 4.3 Terms not defined. Where terms are not defined in this ordinance or the Florida Building Code, such terms shall have ordinarily accepted meanings such as the context implies. SECTION 82-222 282 DEFINITIONS Alteration of a watercourse. A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross -sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood. Appeal. A request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance or a request for a variance. FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 14 ASCE 24. A standard titled Flood Resistant Design and Construction that is referenced by the Florida Puilding Code. ASCE 24 is developed and published by the American Society of Civil Engineers, Reston, VA. Base fl od. A flood having a 1-percent chance of being equaled or exceeded in any given year. (Also defined in FBC, B, Section 1612.2.] The base flood is commonly referred to as the "100-year flood" or the "1-percent-annual chance flood." Base flood elevation. The elevation of the base flood, including wave height, relative to the National Geodetic Vertical Datum (NGVD), North American Vertical Datum (NAVD) or other datum specified on the Flood Insurance Rate Map (FIRM). [Also defined in FBC, B, Section 1612.2.[ Basement. The portion of a building having its floor subgrade (below ground level) on all sides. [Also defined in FBC, B, Section 1612.2.] Designflood. The flood associated with the greater of the following two areas: [Also defined in FBC, B„ Section 1612.2.] (1) ,area with a floodplain subject to a 1-percent or greater chance of flooding in any year; or (2) Area designated as a flood hazard area on the community's flood hazard map, or Otherwise legally designated. Design flood elevation. The elevation of the "design flood," including wave height, relative to the datum specified on the community's legally designated flood hazard map. In areas designated as Zone AO, the design flood elevation shall be the elevation of the highest existing grade of the building's perimeter plus the depth number (in feet) specified on the flood hazard map. Id areas designated as Zone AO where the depth number is not specified on the map, the depth number shall be taken as being equal to 2 feet. [Also defined in FBC, B, Section 1612.2.] Development. Any man-made change to improved or unimproved real estate, including but not limited tb, buildings or other structures, tanks, temporary structures, temporary or permanent storage of equipment or materials, mining, dredging, filling, grading, paving, excavations, drilling operatidns or any other land disturbing activities. Encroachment. The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas. i Existing building and existing structure. Any buildings and structures for which the "start of construction" commenced before {the November 19,1998 Land Deveopment Regulations for the City of Okeechobee date the ' was adopted). [Also defined in FBC, B, Section 1612.2.] Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the November 1.9,1998 Land Deveopment Regulations for the Citv of Okeechobee date the FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 15 `r W `"W Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). Federal Emergency Management Agency (FEMA). The federal agency that, in addition to carrying out other functions, administers the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land from: [Also defined in FBC, B, Section 1612.2.] (1) The overflow of inland or tidal waters. (2) The unusual and rapid accumulation or runoff of surface waters from any source. Flood damage -resistant materials. Any construction material capable of withstanding direct and prolonged contact with floodwaters without sustaining any damage that requires more than cosmetic repair. [Also defined in FBC, B, Section 1612.2.] Flood hazard area. The greater of the following two areas: [Also defined in FBC, B, Section 1612.2.] (1) The area within a floodplain subject to a 1-percent or greater chance of flooding in any year. (2) The area designated as a flood hazard area on the community's flood hazard map, or otherwise legally designated. Flood Insurance Rate Map (FIRM). The official map of the community on which the Federal Emergency Management Agency has delineated both special flood hazard areas and the risk premium zones applicable to the community. [Also defined in FBC, B, Section 1612.2.] Flood Insurance Study (FIS). The official report provided by the Federal Emergency Management Agency that contains the Flood Insurance Rate Map, the Flood Boundary and Floodway Map (if applicable), the water surface elevations of the base flood, and supporting technical data. [Also defined in FBC, B, Section 1612.2.] Floodplain Administrator. The office or position designated and charged with the administration and enforcement of this ordinance (may be referred to as the Floodplain Manager). Floodplain development permit or approval. An official document or certificate issued by the community, or other evidence of approval or concurrence, which authorizes performance of specific development activities that are located in flood hazard areas and that are determined to be compliant with this ordinance. Floodway. The channel of a river or other riverine watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. [Also defined in FBC, B, Section 1612.2.] Floodway encroachment analysis. An engineering analysis of the impact that a proposed encroachment into a floodway is expected to have on the floodway boundaries and base flood FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 16 elevations; the evaluation shall be prepared by a qualified Florida licensed engineer using standard engineering methods and models. Florida; Building Code. The family of codes adopted by the Florida Building Commission, including: Florida Building Code, Building; Florida Building Code, Residential, Florida Building Code, 4xisting Building, Florida Building Code, Mechanical, Florida Building Code, Plumbing, Florida Building Code, Fuel Gas. Functiojnally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities; the term does not include long-term storage or related manufacturing adjacent grade. The highest natural elevation of the ground surface prior to Jon next to the proposed walls or foundation of a structure. Histori structure. Any structure that is determined eligible for the exception to the flood hazard �rea requirements of the Florida Building Code, Existing Building, Chapter 11 Historic Buildingl . Letter off Map Change (LOMC). An official determination issued by FEMA that amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study. Letters of Map Change, include: 4etter of Map Amendment (LOMA): An amendment based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A <OMA amends the current effective Flood Insurance Rate Map and establishes that a pJpecific property, portion of a property, or structure is not located in a special flood Hazard area. Letter of Map Revision (LOMR): A revision based on technical data that may show dhanges to flood zones, flood elevations, special flood hazard area boundaries and floodway delineations, and other planimetric features. Netter of Map Revision Based on Fill (LOMR-F): A determination that a structure or parcel of land has been elevated by fill above the base flood elevation and is, therefore, rjo longer located within the special flood hazard area. In order to qualify for this determination, the fill must have been permitted and placed in accordance with the dommunity's floodplain management regulations. onditional Letter of Map Revision CLOMR : A formal review and comment as to whether a proposed flood protection project or other project complies with the minimum FIP requirements for such projects with respect to delineation of special flood hazard reas. A CLOMR does not revise the effective Flood Insurance Rate Map or Flood Insurance Study; upon submission and approval of certified as -built documentation, a Letter of Map Revision may be issued by FEMA to revise the effective FIRM. Light -duty truck. As defined in 40 C.F.R. 86.082-2, any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a vehicular curb weight of 6,000 pounds or less and; which has a basic vehicle frontal area of 45 square feet or less, which is: (1) designed primarily for purposes of transportation of property or is a derivation of such a vehicle, or (2) Designed primarily for transportation of persons and has a capacity of more than 12 persons; or FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 17 Lon rn (3) Available with special features enabling off-street or off -highway operation and use. Lowest floor. The lowest floor of the lowest enclosed area of a building or structure, including basement, but excluding any unfinished or flood -resistant enclosure, other than a basement, usable solely for vehicle parking, building access or limited storage provided that such enclosure is not built so as to render the structure in violation of the non -elevation requirements of the Florida Building Code or ASCE 24. [Also defined in FBC, B, Section 1612.2.] Manufactured home. A structure, transportable in one or more sections, which is eight (8) feet or more in width and greater than four hundred (400) square feet, and which is built on a permanent, integral chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle" or "park trailer." [Also defined in 15C-1.0101, F.A.C.] Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. Market value. The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in this ordinance, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value may be established by a qualified independent appraiser, Actual Cash Value (replacement cost depreciated for age and quality of construction), or tax assessment value. adjusted to approximate market value by a factor provided by the Property Appraiser. New construction. For the purposes of administration of this ordinance and the flood resistant construction requirements of the Florida Building Code, structures for which the "start of construction" commenced on or after f the November 19,1998 Land Deveopment Regulations for the City of Okeechobee date the Gommunity's management ordenanGe was adopted) and includes any subsequent improvements to such structures. New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after J the November 19,1998 Land Deveopment Regulations for the City of Okeechobee date -thGemmunfty's first floodplain management GFdinanGe was adopted);. Park trailer. A transportable unit which has a body width not exceeding fourteen (14) feet and which is built on a single chassis and is designed to provide seasonal or temporary living quarters when connected to utilities necessary for operation of installed fixtures and appliances. [Defined in section 320.01, F.S.] Recreational vehicle. A vehicle, including a park trailer, which is: [see in section 320.01, F.S.) (1) Built on a single chassis; (2) Four hundred (400) square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light -duty truck; and FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 18 w.00, (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Special flood hazard area. An area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are shown on FIRMS as Zone A, AO, Al-A30 AE, A99, AH, V1-V30, VE or V. [Also defined in FBC, B Section 1612.2.] Start of construction. The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabili ation, addition, placement, or other improvement is within 180 days of the date of the issuance. The actual start of construction means either the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns. ermanent construction does not include land preparation (such as clearing, grading, or filling), tie installation of streets or walkways, excavation for a basement, footings, piers, or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main buildings. For a substan ial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, loor or other structural part of a building, whether or not that alteration affects the externa dimensions of the building. [Also defined in FBC, B Section 1612.2.] Substa tial damage. Damage of any origin sustained by a building or structure whereby the cost of storing the building or structure to its before -damaged condition would equal or exceed 50 perc nt of the market value of the building or structure before the damage occurred. [Also defined in FBC, B Section 1612.2.] Substantial improvement. Any repair, reconstruction, rehabilitation, addition, or other improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market Walue of the building or structure before the improvement or repair is started. If the structurO has incurred "substantial damage," any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include !ither: [Also defined in FBC, B, Section 1612.2.] (1) Any project for improvement of a building required to correct existing health, sanitary, or afety code violations identified by the building official and that are the minimum of essary to assure safe living conditions. (2) *ny alteration of a historic structure provided the alteration will not preclude the structure's continued designation as a historic structure. [See Instructions and Notes] Variance. A grant of relief from the requirements of this ordinance, or the flood resistant construction requirements of the Florida Building Code, which permits construction in a manner that would not otherwise be permitted by this ordinance or the Florida Building Code. Watercourse. A river, creek, stream, channel or other topographic feature in, on, through, or over which water flows at least periodically. DIVISION 3. �Tn, ��;f FLOOD RESISTANT DEVELOPMENT SECTION 82-321 304BUILDINGS AND STRUCTURES 82-321., 3A1.1-Design and construction of buildings, structures and facilities exempt FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 19 from the Florida Building Code. Pursuant to Section 82-124.2.1104.2.1 of this ordinance, buildings, structures, and facilities that are exempt from the Florida Building Code, including substantial improvement or repair of substantial damage of such buildings, structures and facilities, shall be designed and constructed in accordance with the flood load and flood resistant construction requirements of ASCE 24. Structures exempt from the Florida Building Code that are not walled and roofed buildings shall comply with the requirements of Section 82-32730 of this ordinance. SECTION 82-322 302 SUBDIVISIONS 82-322.1 302.1-Minimum requirements. Subdivision proposals, including proposals for manufactured home parks and subdivisions, shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 82-322.2 392-Subdivision plats. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required: (1) Delineation of flood hazard areas, floodway boundaries and flood zones, and design flood elevations, as appropriate, shall be shown on preliminary plats; (2) Where the subdivision has more than 50 lots or is larger than 5 acres and base flood elevations are not included on the FIRM, the base flood elevations determined in accordance with Section 82-125-2(1)3 of this ordinance; and (3) Compliance with the site improvement and utilities requirements of Section 82-3233A3 of this ordinance. SECTION 82-323 303 SITE IMPROVEMENTS, UTILITIES AND LIMITATIONS 82-323.1 303.1 Minimum requirements. All proposed new development shall be reviewed to determine that: (1) Such proposals are consistent with the need to minimize flood damage and will be reasonably safe from flooding; (2) All public utilities and facilities such as sewer, gas, electric, communications, and water systems are located and constructed to minimize or eliminate flood damage; and (3) Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwaters around and away from proposed structures. 82-323.2 393.,7-Sanitary sewage facilities. All new and replacement sanitary sewage facilities, private sewage treatment plants (including all pumping stations and collector systems), and on - site waste disposal systems shall be designed in accordance with the standards for onsite sewage treatment and disposal systems in Chapter 64E-6, F.A.C. and ASCE 24 Chapter 7 to FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 20 minimize or eliminate infiltration of floodwaters into the facilities and discharge from the facilities into flood waters, and impairment of the facilities and systems. 82_ 323 3 383.-3-Water supply facilities. All new and replacement water supply facilities shall be designed in accordance with the water well construction standards in Chapter 62-532.500, F.A.C. ind ASCE 24 Chapter 7 to minimize or eliminate infiltration of floodwaters into the system;. i 82-323. =A -Limitations on sites in regulatory floodways. No development, including but not limilled to site improvements, and land disturbing activity involving fill or regrading, shall be authorized in the regulatory floodway unless the floodway encroachment analysis required in Section 82-125.3405.4(1) of this ordinance demonstrates that the proposed development or land disturbing activity will not result in any increase in the base flood elevation. 82-323.6 303.5 Limitations on placement of fill. Subject to the limitations of this ordinance, fill shall be; designed to be stable under conditions of flooding including rapid rise and rapid drawdo, n of floodwaters, prolonged inundation, and protection against flood -related erosion and scour. In addition to these requirements, if intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the Florida Building Code. SECTION 82-324 304 MANUFACTURED HOMES 82-324. 304.1-General. All manufactured homes installed in flood hazard areas shall be installec by an installer that is licensed pursuant to section 320.8249, F.S., and shall comply with the requirements of Chapter 15C-1, F.A.C. and the requirements of this ordinance. 82-324. Z 304.2 Foundations. All new manufactured homes and replacement manufactured homes i stalled in flood hazard areas shall be installed on permanent, reinforced foundations that are (Idesigned in accordance with the foundation requirements of the Florida Building Code Residential Section R322.2 and this ordinance. i 82-324. 304:3-Anchoring. All new manufactured homes and replacement manufactured homes hall be installed using methods and practices which minimize flood damage and shall be secu ely anchored to an adequately anchored foundation system to resist flotation, collapse or latera movement. Methods of anchoring include, but are not limited to, use of over -the -top or frame tics to ground anchors. This anchoring requirement is in addition to applicable state and local an�horing requirements for wind resistance. 3044 Elevation. Manufactured homes that are placed, replaced, or substantially shall comply with Section 82-324.4.1 39444 or 82-324.4.2 304.4.2 of this ordinance, as 82-324..1 304.4.1-General elevation requirement. Unless subject to the requirements of Section 2-324.4.2 304¢2 of this ordinance, all manufactured homes that are placed, replaced, or substantially improved on sites located: (a) outside of a manufactured home park or subdivision; (b) in a new manufactured home park or subdivision; (c) in an expansion to an existing manufactured home park or subdivision; or (d) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of flood, shall be elevated such that the bottom of the frame is at or above the elevation required' as applicable to the flood hazard area, in the Florida Building Code, Residential Section R322.2 (Zone A). FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 21 14W ` 0 82-324.4.2 304.4.2Elevation requirement for certain existing manufactured home parks and subdivisions. Manufactured homes that are not subject to Section 82-324.4.1 304.4.4 of this ordinance, including manufactured homes that are placed, replaced, or substantially improved on sites located in an existing manufactured home park or subdivision, unless on a site where substantial damage as result of flooding has occurred, shall be elevated such that either the: (1) Bottom of the frame of the manufactured home is at or above the elevation required in the Florida Building Code, Residential Section R322.2 (Zone A); or (2) Bottom of the frame is supported by reinforced piers or other foundation elements of at least equivalent strength that are not less than 36 inches in height above grade. 82-324.5 304.5 Enclosures. Enclosed areas below elevated manufactured homes shall comply with the requirements of the Florida Building Code, Residential Section R322 for such enclosed areas. 82-324.6 304.E Utility equipment. Utility equipment that serves manufactured homes, including electric, heating, ventilation, plumbing, and air conditioning equipment and other service facilities, shall comply with the requirements of the Florida Building Code, Residential Section R322. SECTION 82-325 30a RECREATIONAL VEHICLES AND PARK TRAILERS 82-325.1 3054-Temporary placement. Recreational vehicles and park trailers placed temporarily in flood hazard areas shall: (1) Be on the site for fewer than 180 consecutive days; or (2) Be fully licensed and ready for highway use, which means the recreational vehicle or park model is on wheels or jacking system, is attached to the site only by quick - disconnect type utilities and security devices, and has no permanent attachments such as additions, rooms, stairs, decks and porches. 82-325.2 30S?-Permanent placement. Recreational vehicles and park trailers that do not meet the limitations in Section 82-325.1 305.1 of this ordinance for temporary placement shall meet the requirements of Section 82-324 304 of this ordinance for manufactured homes. SECTION 82-326 306 TANKS 82-326.1 306.1 Underground tanks. Underground tanks in flood hazard areas shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty. 82-326.2 306-.2-Above-ground tanks, not elevated. Above -ground tanks that do not meet the elevation requirements of Section 82-326.3 306.3 of this ordinance shall be permitted in flood hazard areas provided the tanks are anchored or otherwise designed and constructed to prevent flotation, collapse or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty and the effects of flood -borne debris. FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 22 82-326.3�3A6-.3-Above-ground tanks, elevated. Above -ground tanks in flood hazard areas shall be attached to and elevated to or above the design flood elevation on a supporting structure that is designed to prevent flotation, collapse or lateral movement during conditions of the design flood. Tank -supporting structures shall meet the foundation requirements of the applica le flood hazard area. 32_ 6�.4 3866:4-Tank inlets and vents. Tank inlets, fill openings, outlets and vents shall be: (1) At or above the design flood elevation or fitted with covers designed to prevent the inflow mf floodwater or outflow of the contents of the tanks during conditions of the design flood; (2) Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic (bads, including the effects of buoyancy, during conditions of the design flood. SECTION 82-327 3" OTHER DEVELOPMENT 82-327. 3A7.1 General requirements for other development. All development, including man-m de changes to improved or unimproved real estate for which specific provisions are not specifie in this ordinance or the Florida Building Code, shall: (1) be located and constructed to minimize flood damage; i (2) !Yleet the limitations of Section 82-323.4 303.4 of this ordinance if located in a regulated (3) Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic (pads, including the effects of buoyancy, during conditions of the design flood; (4) be constructed of flood damage -resistant materials; and (5) Have mechanical, plumbing, and electrical systems above the design flood elevation, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the I rovisions of the electrical part of building code for wet locations. 82-327. tD-Fences in regulated floodways. Fences in regulated floodways that have the potentia block the passage of floodwaters, such as stockade fences and wire mesh fences, shall meet the limitations of Section 82-323.4 383.4 of this ordinance. 82-327. 387.3 Retaining walls, sidewalks and driveways in regulated floodways. Retainin walls and sidewalks and driveways that involve the placement of fill in regulated floodwa s shall meet the limitations of Section 82-323.4 303.4 of this ordinance. 82 327.4 387.4-Roads and watercourse crossings in regulated floodways. Roads and watercourse crossings, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, that encroach into regulated floodways shall meet the limitations of Section 82-323.4 383.4 of this ordinance. Alteration of a watercourse that is part of a road or watercourse crossing shall meet the requirements of Section 82-125.3(3) 105:3(3) of this ordinance. FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 23 on cm SECTION 3. The (Gurr-ent insellt GitatiGA, if any), is hereby amended by the WIGWing administrative amendments to the F4eiida Building Code, Bu#din SECTION 3. 4. FISCAL IMPACT STATEMENT. In terms of design, plan application review, construction and inspection of buildings and structures, the cost impact as an overall average is negligible in regard to the local technical amendments because all development has been subject to the requirements of the local floodplain management ordinance adopted for participation in the National Flood Insurance Program. In terms of lower potential for flood damage, there will be continued savings and benefits to consumers. SECTION 4. 5. APPLICABILITY. For the purposes of jurisdictional applicability, this ordinance shall apply in fthe City of Okeechobee ' .This ordinance shall apply to all applications for development, including building permit applications and subdivision proposals, submitted on or after the effective date of this ordinance. SECTION 5. I}: INCLUSION INTO THE CODE OF ORDINANCES. FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 24 It is the ;intent of the City of Okeechobee City Council that the provisions of this ordinance shall become and be made a part of the City of Okeechobee ,(4mm of sew w4d'*Code of Ordinances, and that the sections of this ordinance may be renumblred or relettered and the word "ordinance" may be changed to "section," "article," "regulation," or such other appropriate word or phrase in order to accomplish such intentions. SECTION 6. 7-. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared. SECTION 7. 8-. EFFECTIVE DATE. This ordinance shall take effect on July 16, 2015 (Note: the following not to be incl in the final version f the Ordinance -'after the new 2015 FBC amended version effective date'fhwsed date}: PASSED, and ADOPTED in regular session, after Second and Final Public Hearina this ay of June, 2015. , upon seGend Ond final reading this (inseFt date). City of Okeechobee, Florida fGevefning4uxW Mayo[( chief EIeGted DffiGe-q ATTEST: Citv Cle k {Maaagw=eAq APPROVED AS TO FORM: City Attorney *ftF. n FINAL Model FPM Ordinance & Code Amendments: Zones A Only (January 15, 2013)b 25 cm Exhibit 7 Exhibit 7 May 5, 2015 will be provided at the meeting Exhibit 8 May 5, 2015 CITY OF OKEECHOBEE (863) 763-3372 FAX (863) 763-1686 AGENDA ITEM REQUEST FORM PLEASE SUBMIT COMPLETED FORM TO: CITY ADMINISTRATOR'S OFFICE 55 SE 3'0'AVENUE OKEECIJOBEEI FLORIDA 34974 NAME: Sliarie ADDRE 55 S. Parrott Ave. Okeechobee, FL. 34974 TEL EPH ON E: 863-357-6246 FAX: MEETING: REGULAR Q SPECIAL Cl WORKSHOP Cl DATE: PLEASE STATE THE ITEM YOU WISH TO HAVE PLACED ON THECITY COUNCIL AGENDA. Reimag,�ne Our Downtown - Proiect and CRA presentation I PLEASE STATE W HAT DEPARTMENT(S) YOU HAVE WORDED WITH: Brief discussion with City Administrator PLEASE STATE DESIRED ACTION BY THE CITY COUNCIL: Consider adding the proposed projects to budget and_revisiting the CRA. PLEASE SUMMARIZE PERTINENT INFORMATION CONCERNING YOUR REQUEST AND ATTACH APPLICABLE DOCUMENTS: Review the attached presentation. IF A PRESENTATION IS TO BE MADE, PLEASE LIMIT THE TIME TO TEN M INUTES UNLESS OTHERWISE APPROVED BY THE MAYOR. SIGNED BY: L f DATE: i H It 3 0 0 0 DQ:x 0---u()7:@ * 0 C) :30 0 —0 (D n C 3 (D n cQ (D C) (D cQ (D --- % (D Q (D :y 0 0- 0 N < ('D 3 01 -0 0 :3 :3 C) (D Q n o :3 C) 3 o :3 70 CDDncQ3(Dc V) -N ::j C -() < (D 0 0 =4: < c (D -a Q Q CD < (D QQ CL 3 0 (D (D Q (D 0 :3 0 n Q :3 3 - v) V) (D '< CD 5(D n V) D D ---i- n C (D > 0-Q 3 Q 3 0 Q0 Q (D 3 < —.--o V) C 3 D- n Q---i- CD 0 V) 7K- 07 3 -0 0 c :3 C. > -n 0 co n (D C) 4- _Q. n --I QY (D < 0 C) Q-(Q o (D 0 c p Q LO Ln 0 Ln ram r..O :m REVISIT OUR CRA ��, • January 4, 1994 City Council of the City of Okeechobee signed a Resolution (94-1) declaring "that there is a need for a CRA to carry out the Community Redevelopment purposes of Chapter 163, Part 111, Florida Statutes, in the downtown area of the City of Okeechobee." • Since the adoption of this resolution there appears as though no further action was taken to implement the CRA. • In 1994 there was a need for redevelopment and today that need has not changed. Let's begin anew. • Okeechobee can move forward by: i. Adopting a Finding of Necessity. This will formall� identify the blight conditions within the targeted area and establis the area boundary. ii. Develop and adopt the Community Redevelopment Plan. The plan addresses the unique needs of the targeted area and includes the overall goals for redevelopment in the area, as well as identifying specific projects. iii. Create a Redevelopment Trust Fund. Establishment of the Trust Fund enables the Community Redevelopment Agency to direct the increase in real property tax revenues back into the targeted area. (TIF) j a Suggested Plan of Action The City Council would serve as the CRA Board. City Council appoints the Executive Board of Okeechobee Main Street as the CRA Advisory Board The Board will be guided and work closely with The City Council to ensure City needs are met. The Executive Director of Okeechobee Main Street will assume the responsibilities of implementing the plan developed by the CRA Advisory Board. 10 City Counci City Administrator CRA/Main Street Executive Board/City Council Main Street Liaison CRA/Main Street Executive Director Community Redevelopment funding for Executive Director will begin at $20,000.00 supplemented by Okeechobee Main Street with a 3 year contract. it a PROJECTS DOWNTOWN DF- I N I SIGNS Way finding signs are "the ultimate unsung hero of public spaces: when it works, you never know it's there." SEGD - The Society for Experiential Graphic Design Similar signs to this one will be posted on the corners of 2nd 3rd and 4th Avenues. The sign will simply state "Downtown District" with a single arrow pointing towards the Park Street area. DOVVN'TO1,VN BUSINESS DIRECTORY Inform and invite residents and visitors to visit our downtown merchants. Aesthetically pleasing outdoor business directories add value to our business owners, property owners and gives pedestrians information about the area. Two directories would be placed strategically along Park St. 3 I Social media will be a key component to promoting our downtown merchants. Mobile Apps Exciting advancements will play a role into new ways to publicize our downtown area. FLAG LERPARKS RE I N/1 A (77"1 t N E D Shade Sails are an attractive and versatile alternative to most shade options. Cost effective and easy to install and store. Colorful seating options invite people to sit and enjoy the outdoor areas. Innovative bike racks encourage bicycling for a healthier downtown. Commission local artists to revitalize the drab concrete tables will add vibrancy and local pride to our downtown parks. a 3 CIJ�C I. Es The most important benefits to calming circles or roundabouts are: 1. Improve Safety 2. Encourage pedestrian traffic 3. Aesthetically pleasing Slowing traffic means more time for visitors and residents to relax and see what's happening in our downtown. 0 • Imagine Okeechobee as a sustainable, successful and beautiful community. • Imagine engagement of visitors and residents, investment of business owners and local municipalities. • Imagine Okeechobee being a "destination" and known for its bike and pedestrian friendly dualities. . Imagine art, water features and improved public meeting areas in our downtown parks. • Take time to reimagine Okeechobee's heart, the downtown. City of Okeechobeb. ► 55 SE 3"! A Okeechpeee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhitelzall(iDcityofokeechobee.com e F ti ****Memorandum *** For May 5, 2015 City Council meeting TO: Mayor & City Council FR: Administrator Whitehall RE: " 5/5/15 Agenda item — New business item F (Exhibit 8) Okeechobee Main St — CRA/TIF i Shaix Turgeon, Main Street (MS) Ex. Director, plans to appear at the meeting to discs downtown redevelopment, the Community Redevelopment Area (CRA) and Increment Financing (TIF) i This t1mely subject is as a result of recent interest by Main Street and the City to rejuvenate the downtown area, while the 441/70 project is finishing and the City begino on a new Flagler Park landscaping project (as a result of the FDOT/Hamrick mediation). Drawing on information from Fellsmere City Manager, Jason Nunemaker, and my previous experience with TIF Districts, the following is offered: You'll find in the MS presentation that the City determines qualifying elements in determining the proposed geographic area based on factors such as blight and obsol scence... the Target area. Not unlike the impact fee process, I would sugg St that the City subscribe the expertise of a consultant to assist in the Findings necessary to qualify for a CRA/TIF as well as developing the Redevelopment Plan. The TIF is the underlying funding mechanism for improvements in the Target area. TIF revenue is produced by the the increase in property tax generated over time from increased assessed value in the Target area that would normally be realized in the General Fund of the City and County (and other taxing Districts except the School Dist) but is directed to a City TIF Fund instead. In most communities, from Fellsmere to West Palm, the City Council acts as the CRA Board and appoints an Advisory Board, along with an administrative team, such as an Ex Director and project managers. RE: ! 5/5/15 Agenda item — New business item F (Exhibit 8) Okeechobee Main St — CRA/TIF Page 2 of 2 I've printed some information about CRAB from the premier source in Florida, The Florida Redevelopment Association. Their web site is listed here: http://redeveLopment.net/ I explained to MS Ex Director Turgeon that the Power Point underlines some of the ideas we discussed, such as way -finding signs, directories and aesthetic improvements that hopefully should be considered by the Council. In my opinion, at this juncture, as I kind of implied at our meeting, the presentation of these ideas could be immediately implemented within the budgetary timeline as we just distributed initial budgetary work to our internal Dept Heads ... the budget process is underway and will gather momentum over the next few month. This presents the opportunity to incorporate at least the minimal improvement expenditures into our goneral budget. Having said all of the above, I appreciate MS's eagerness to proceed w/ a CRA designation, but the City has its work cut out for them. q Analyze the appropriate boundaries for the CRA qAs well as determine the boundaries for the Tax Increment Financing District 4Survey the proposed area for a Finding of Necessity. This is obviously part of the boundary determination and a qualifying element. Using the `blighted' criteria the City may wish to expand the TIF in order to potentially generate more future revenue, however, some planning should be considered so as to not do so at the risk of losing excessive future revenue to the City's General Fund. 4Develop a Redevelopment Plan — method to rejuvenate the CRA/TIF area. Strict compliance to the Plan will be required, as was the case with impact fees, there's an upfront reporting element to the taxpayer...'what are we doing with the money?' To approve the designation of Main St as the administrating organization might s be pr mature in the process, in as much as the City needs to digest/analyze a propoed Agreement that fits into the process as we had several years ago. Councilman Watford and I have discussed the CRA and perhaps a presentation more on the intricacies of CRAs and TIFs might be in order so the Council will understand exactly what the pros/cons are. I think the improvements are a great segue to discussing the CRA and its use as a financing vehicle. Page 2 UKA tsasics' rage i of --) EFLO IDA HEDEVE OPMENT ASS 11AT10N About Us - Academy Awards - Contact Us CP\ Basics Home / C�A Resources / CRA Basics Membership - CRA Resources - Annual Cont CRA[SEE-R-A], noun: A dependent special district in which any future increases in property values are set asido to support economic development projects within that district. CRA Genbral Information Brochure Community Redevelopment Agencies: What, When, and How CRAs, as they are known, are quite common, but often there are many questions in the minds of those who don't work with them everyday. How are they authorized? Who oversees them? What is involved in their operation? How are they funded? This article is intended to simply answer those questions. It also summarizes the legislation passed in session 2002 relating to CRAs. For further information, please contact Carol Westmoreland of the Florida Redevelopment Association at cwestmoreland@flcities.com or call (850) 701-3608. What is a Community Redevelopment Area or District? Search over 1,000 Florida Redevelopment N Clips. Search New Smyrna tearing down Bre Center for new $5 million civic center Posted on: May 4th, 2015 Inverness estimates revenue f proposed CRA Posted on: Apr 27th, 2015 City Hall gets board funds Posted on: Apr 26th, 2015 http://redevelopment.net/cra-resources/q-a-for-cras/ 5/4/2015 t—N.A t3a51c5 Under Florida law (Chapter 163, Part III), local governments are able to designate Crystal River OKs revised community redevelopment pla areas as Community Redevelopment Areas when certain conditions exist. Since all Posted on: Apr 26th, 2015 the monies used in financing CRA activities are locally generated, CRAs are not Boynton getting two restaurarr overseen by the state, but redevelopment plans must be consistent with local historic homes Posted on: Apr 25th, 2015 government comprehensive plans. Examples of conditions that can support the Bonita's downtown reboot hits creation of a Community Redevelopment Area include, but are not limited to: the crucial stage presence of substandard or inadequate structures, a shortage of affordable Posted on: Apr 25th, 2015 housing, inadequate infrastructure, insufficient roadways, and inadequate parking. Daytona Beach pursuing river) grants To document that the required conditions exist, the local government must survey Posted on: Apr 24th, 2015 the proposed redevelopment area and prepare a Finding of Necessity. If the 2014 Florida Bicycle and PedE Findingof Necessity determines that the required conditions exist, the local ty q Partnership Coh, 201 s Annual I Posted on: Apr 24th, 2015 government may create a Community Redevelopment Area to provide the tools Rey needed toJoster and support redevelopment of the targeted area. There are currently 178 Community Redevelopment Areas in the State of Florida. JOBS The designation is used by Florida cities of all sizes, from Jacksonville and Tampa =_ = to Madisoo and Apalachicola. Many familiar locations, such as Church Street in the beachfront in Ft. Lauderdale are successful i a Orlando, bor City in Tampa and examples lof Community Redevelopment Areas. What is a Community Redevelopment Agency? Contract Manager - Delray Be CRA The activities and programs offered within a Community Redevelopment Area are Posted on Apr 13th 2015 -- - -- administered by the Community Redevelopment Agency. A five- to seven -member Planner I or Planning Technici Johnson Engineering - Fort M,. CRA "Board" created by the local government (city or county) directs the agency. Posted on: Apr 13th, 2015 The Board can be comprised of local government officials and or other individuals Planner - Principal or Senior - appointed, by the local government. Although one local government may establish Johnson Engineering -Fort M Posted on: Apr 13th, 2015 multiple CRA districts, there generally may be only one CRA Board. Each district Technician I or II — Landscape must mai6tain separate trust funds, and expend those funds only in that district. Architecture - Johnson Engine Fort Myers What is aI Community Redevelopment Plan? Posted on Apr 13th, 2015 - - - - Marketing Events & Economic The Community Redevelopment Agency is responsible for developing and Development Assistant - Boyn Beach CRA impleme ting the Community Redevelopment Plan that addresses the unique Posted on Mar 31st 2015 needs of he targeted area. The plan includes the overall goals for redevelopment Senior Planner - Westgate CR Posted on: Mar 30th, 2015 in the area, as well as identifying the types of projects planned for the area. CRA Manager City of Kissim Florida Examples of traditional projects include: streetscapes and roadway improvements, Posted on: Mar 13th, 2015 building renovations, new building construction, flood control initiatives, water and Housing Rehabilitation Grant sewer improvements, parking lots and garages, neighborhood parks, sidewalks Specialist (New Port Richey) Posted on: Mar 12th, 2015 and street tree plantings. The plan can also include redevelopment incentives such -_ - - - Executive Director Redevelops as grants and loans for such things as facade improvements, sprinkler system Authority - Osceola County upgrades, signs, and structural improvements. The redevelopment plan is a living Posted on Feb 12th 2015 document that can be updated to meet the changing needs within the Community Delray Bearch CRA Project Manager Posted on: Jan 9th, 2015 http://redevelopment.net/cra-resources/q-a-for-cras/ 5/4/2015 rage a or D Redevelopment Area; however, the boundaries of the area cannot be changed without starting the process from the beginning. Rey What is Tax Increment Financing? LISTINGS 1 Tax increment financing is a unique tool available to cities and counties for redevelopment activities. It is used to leverage public funds to promote private . rem . ,_ sector activity in the targeted area. The dollar value of all real property in the Community Redevelopment Area is determined as of a fixed date, also known as the "frozen value." Taxing authorities, which contribute to the tax increment, Request for Qualifications (RF continue to receive property tax revenues based on the frozen value. These frozen Open -Air Information Center fc St. Joe Historic Downtown Dis value revenues are available for general government purposes. However, any tax Posted on: Mar 7th, 2014 revenues from increases in real property value, referred to as "increment," are Request for Qualifications (RF deposited into the Community Redevelopment Agency Trust Fund and dedicated Renovation of "The Hacienda"Port Richey to the r0evelopment area. Posted on: Mar 7th, 2014 Request for Qualifications (RF It is important to note that property tax revenue collected by the School Board and Legal Services for Boynton Be any special district are not affected under the tax increment financing process. CRA Posted on: Mar 7th, 2014 Further, Unlike in some states, Florida taxing entities write a check to the CRA trust Request for Qualification - fund, afte� monies are received from the tax collector. In California, the increment Hallandale Beach CRA Mastei Posted is sent to the CRAs directly out of collected county tax revenues, before they are on: Mar 7th, 2014 distributed to each taxing entity. RFQP 15-003 Hacienda Hotel Condition Assessment - New I Richey The tax in crement revenues can be used immediately, saved for a particular on: Posted on: Oct 28th, 2014 project, o� can be bonded to maximize the funds Any funds RFted Hacienda Hotel available. received Rehabilitation -New Port Rich from a ta� increment financing area must be used for specific redevelopment Posted on: Oct 28th, 2014 purposes iWithin the targeted area, and not for general government purposes. Margate CRA - City Center Development Posted on: Dec 1 st, 2014 How doe the CRA Process Work? Hallandale Beach CRA - RFQ; 2-14-2015-004 - Main Fire Sta A public meeting begins the designation Several steps have to be Posted on: Jan 14th, 2015 process. will accomplished before the Community Redevelopment Area becomes are reality. Boynton Beach CRA ITB - We Signage These stes are briefly outlined below. Posted on: Jan 16th, 2015 Boynton Beach CRA ITB - Ea: I. Adopt the Finding of Necessity. This will formal) identify blight conditions p g ty' y � the bli g Ocean Avenue Lighting Projec Posted on: Jan 16th, 2015 within the targeted area and establish the area boundary. Rez II. Develop and adopt the Community Redevelopment Plan. The plan addresses the unique needs of the targeted area and includes the overall goals for redevelopment in the area, as well as identifying specific projects. III. Create a Redevelopment Trust Fund. Establishment of the Trust Fund enables the Community Redevelopment Agency to direct the increase in real property tax revenues back into the targeted area. http://redevelopment.net/cra-resources/q-a-for-cras/ 5/4/2015 rage 4 of 5 The Florida Legislature addressed CRAs in 2002 from an intergovernmental point of view, to strengthen the ability of cities and counties to manage CRA creation, notices and term issues. Disputes between cities and counties involving CRAs can be resolved locally by interlocal agreements, and should be, since they usually involve growth management issues other than just funding. Florida (Redevelopment Association Legislative Position The FRA supports the ability of local governments to create and effectively use community redevelopment agencies to redevelop and revitalize their urban areas. This includes the use of tax increment financing. We further support local control and disposition of any disputes between local governments over the use of such agenciesand financing. The Florida Redevelopment Association is available for technical 'assistance, legislative advocacy and redevelopment educational For copied of current or past bills, statutes or further legislative information, you may visit www.leg.state.fl.us or call the FRA. at (850) 701-3608. About thb FRA The Florida Redevelopment Association (FRA) is dedicated to the revitalization and preservation of Florida's communities. Operated under a contract with the Florida Lgague of Cities in Tallahassee, it's purpose is to promote the improvement of downtowns and other urban areas through redevelopment and development activities under the Florida Statutes; encourage Florida's communities to create a healthy mix of affordable workforce and market rate housing; and provide a forum for networking, training and technical assistance; be an advocate for its membership; and monitor legal and legislative issues. The FRA currently has more than 300 6ublic and business agency members. CRAs are la specifically focused financing tool for redevelopment. CRA Boards do not establish policy for the city or county — they develop and administer a plan to implement that policy. The CRA acts officially as a body distinct and separate from the governing body, even when it is the same group of people. The CRA has certain powers that the city or county by itself may not do, such as establish tax increment financing, and leverage local public funds with private dollars to make redevelopment happen. The CRA term is limited to 30 years, 40 years if extended. After that time, all revenues (presumably much increased from the start of the CRA) are detained by each taxing entity that contributed to the CRA trust fund. http://redevelopment.net/cra-resources/q-a-for-cras/ 5/4/2015 uKA tsasics Yage 5 of 5 FLORIDA REDEVELOPMENT ASSOCIATION Florida Redevelopment Association P. O. Box 1757 301 S. Bronough Street, Suite 300 Tallahassee, FL 32302- 1757 Toll Free: (800) 342-8112, ext. 3608 or 3622 Local: (850) 701-3608 Fax: (850) 222-3806 Google+ i © 2014 Fl�rida Redevelopment Association CRA Basics CRA Fiscal Impact Grants PR Toolbox RAP Reporting Sunshine and Ethics Laws Videos Webinars Academy Annual Conference Calendar FRA Member Acces Powered by Digit: http://redevelopment.net/cra-resources/q-a-for-cras/ 5/4/2015 Am City of Okeechobee 55 SE 3r`l A Okeechobee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph i863-763-3372 Fax 763-I686 email. bwhitelzalacitvofokeecliobee com 0915,2. Exhibit 9 Mesnorandunz XMay 5, 2015 e For May 5, 2015 City Council meeting TO:, Mayor & City Council =0 REM Administrator Whitehall Public Works Director Allen Street Striping contract 'piggybacking' w/ St. Lucie County This serves as a recommendation to the City Council to approve the attached 'Agreement to Piggyback A Contract For governmental Services Bid by Another Governmental Entity' i1'•7 ... prpvided by Whiteleaf, Inc., d/b/a Traffic Solutions 3001 Industrial Av Three, Ft Pierce, FL 34946 Confirmed: Contract dated 1 /21 /14 (St Lucie contract #C 14-01-049) The contract appears to cover all the necessities incl, public Records, Insurance/wk comp, drug free, ant -collusion and the like Bid tabulation & bid documents 413id advertisement 4 Whiteleaf will be required to apply for an Okeechobee BTR, along with a County BTR. And provide the City with not only the Agreement to Piggyback, but also provide insurance to the City, naming the City as additional insured *44W 073 AGREEMENT TO PIGGYBACK A CONTRACT FOR SERVICES BID BY ANOTHER GOVERNMENTAL ENTITY WHEREAS, Whiteleaf, LLC. d/b/a Traffic Solutions, 3001 Industrial Avenue, Ft. Pierce, Florida, 34946, a Florida corporation (the "Vendor"), entered into an agreement dated January 21, 2014 with St. Lucie County, a political subdivision of the State of Florida, for Striping and Pavement Marking Services procured pursuant to F.S. §287.057 (the "Contract"); and WHEREAS, the CITY OF OKEECHOBEE, a Florida municipal corporation (the "City") has the legal authority under Ordinance 2-289 adopted by the Okeechobee City Council to "piggyback" onto a contract procured pursuant to F.S. §287.057 by another governmental entity when seeking to utilize the same or similar services provided for in the said contract: and WHEREAS, the City desires to "piggyback" onto the above referenced Contract between the Vendor and St. Lucie County for utilization of the same or similar services for Striping and Pavement Marking (the "Work") and the Vendor consents to the aforesaid "piggybacking." NOW THEREFORE, having found it to be in the public interest, 1. The Vendor affirms and ratifies the terms and conditions of the above referenced Contract with St. Lucie County and agrees to provide the services set forth therein for the City in accordance with the terms of said Contract until the Work is completed. 2. The City agrees to utilize the services of the Vendor in a manner and upon the terms and conditions as set forth in the Contract with St. Lucie County until the Work is completed. by the City of Okeechobee City Council this _ day of May 2015. CITY OF OKEECHOBEE WHITELEAF, LLC. D/B/A TRAFFX SOLUTIONS L` — James. Kirk, Mayor rEnift/ ATTESTS WITNESS: Lane 4miotea, CMC, City Clerk i. Neu) t tt ,t /ass N �. Lane Gamiotea From: India Riedel <iriedel@cityofokeechobee.com> Sent: Tuesday, May 05, 2015 10:36 AM To: Brian Whitehall Cc: ROBIN BROCK (ROBIN BROCK); LANE GAMIOTEA (LANE GAMIOTEA); India Riedel, Finance Director Subject: Agenda item appointing PRM representatives Attachments: PRM appointments.doc Brian, As we discussed. Please review for possible addition to the agenda tonight based on the need for making reservations this week for the annual PRM Education Conference and Board Meetings., Thank You. India Riedel Finance Director City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 (863) 763-3372 ext: 223 fax: (863) 763-1686 E-Mail: iriedel@citvofokeechobee.com "NOTICE: Florida has a very broad public records law. As a result, any written communication created or received by the City df Okeechobee officials and employees will be available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing." City Council Agenda: May 5th, 2015 Agenda Item Motion 1: Motion to approve the designation of India Riedel as the City's Representative and Board Member and Mayor James Kirk as Alternate to the Property and Casualty Public Risk Management Board of Directors. Motion 2: Motion to approve the designation of India Riedel as the City's Representative and Board Member and Melissa Henry as Alternate to the Public Risk Management Health Trust. Background: India Riedel is the regular voting member of each Trust. Prior Councilmember Clayton Williams was the alternate for the Property and Casualty and City Administrator Brian Whitehall was the alternate for the Group Health. Appointments must be made prior to the annual meeting in June. OM Brian Whitehall ApiYl ZZ,! 20/5 X#14440-, M-e, TO,' lgagoi, Vllk aitd the Okeechobee Mg Council fR,, W/iteliall RE,, 4&Iemenat Exhibit 10 May 5, 2015 Office of the City Administrator / aai this Iwo, t0 11401r1zr you # irry decision to Pow" irry position as the City # Okeeehobo Adinutist1w6w 4keeivc at the cad # the day On r/a/le 15, Z015. /vc appi eia%d yoai, �alth in are ovci, the last ten yeasts to he v guide the City thl'ough, Bat ante: some t35 #cults is eagcit to spend moire valuable tlirre aoith /Yc/tas and /tclatlres. / mane to Malik all the City staff t w then= c00pewative effwt in inakutg the City "'Ghat it is todaJ OI el, the #cans /vc lealwed that it rally is a (moil# that / will teiytlbly 11,aw, / xo/sh yaa itothiag but the bestl 55 S.E. Third Avenue • Okeechobee, Florida 34974-2932 • (863) 763-3372 • Fax: (863) 763-1686 MEMORANDUM 0.1 /$e"er-1 ,9 deli .. [iutatre i I TO: Mayor kirk, Council Members, Attorney Cook & Administrator Whitehall I� DATE: April 29I, 2015 Exhibit 11 May 5, 2015 FROM: City Clerk/Personnel Administrator Gamiotea SUBJECT: Administrator Application Packet Information & Advertising In light of the' notice of Administrator Whitehall's retirement, I thought it prudent to supply this information to you in a timely manner in order to "set the wheels in motion" for advertising the Administrator position. Attached for your review are copies of the information used the last time the position was advertised: ✓ Summary of the job description, salary, etc. (Exhibit A) ✓ Expecta ions of a City Administrator (Exhibit B) ✓ Respon ibilities of a City Administrator (Job Description) (Exhibit C) ✓ Questio s for applicants to respond to in writing (Exhibit D) The following pecific items need to be addressed in order for me to update the packets. Please note that these nuniierated items are only a portion of the entire packet. In order for you to get a better understanding of how inclusive they are, I've attached a copy of a packet check sheet (Exhibit Goo 1) Set Salgry Range: The 2014/15 FY Salary Step Pay Plan is attached (Exhibit E). Administrator Whitehall was hired Jgne 1, 2005, with an annual salary of $63,500.00, advertised range used was $55k- $60k. His current annual salary is Step 10, $86,865.83. Mr. Whitehall will also be providing salary information from similar type municipalities. The range will need to be decided by Council to include in the packets/advertising. 2) The de id line for accepting applications: Genera ly this is set for a two -month period, from the time Council instructs the Clerk to advertise until the applications are to be returned or postmarked. In this case, that would be July 5. iowever, I would request Council consider extending this to at least mid -August due to vacations, holidays, conferences, budget preparations and Centennial events. A calendar is attached for your convenience (Exhibit F). 3) Education Requirement: A suitable four-year college degree from an accredited college or university, with a minimum of five -years' experience in City Management. Page 1 of 2 4) Written Questions: Exhibit D contains the questions the applicants were required to respond to in writing when submitting their application. I've asked Mr. Whitehall to review them for relevance and to offer changes/additions. Council will need to approve additions and deletions to these. 5) Where to advertise: As requested in 2005, the Council was gracious in providing me the latitude of where and when to advertise. I believe this worked well as we received 15 solid applications in less than two months. I can assure you, I will make every effort to publish the advertisements to as many areas as possible, including the Okeechobee News, Florida League of Cities, City/County Managers Association Newsletters, along with other governmental agencies and various web pages. I hope this information is beneficial to you. Please let me know whether there are any additional materials or research I can provide to assist in making decisions on this matter. Thank You Page 2 of 2 Exhibit A Population 5,*52. 3udgv-t $8 million plus. &alarg tRan8v, V55-60K plus rvtirjzmv-nt and other bvngits.-lppointQd 'bg and r¢ports to 5-mombvr Council. -0 four-g!zar suitablo eoll¢g¢ d�zpzfz with a minimum of f ivv. g4zars gXpV-ri¢ne in eitg mana8 m¢nt, municipal or similar govszrnmontal administration. 9oeumv-nt�zd. �noAzd8¢ of laws in adminiatrativsz polici¢s governing nunie'ipal aetivitios, gov�rnmmtal budgv-ting and f inane, ;rants, planning background, strong communication and. Qadorship skills, izconomic dfzv¢lopmjznt; and knowlvdgQ )f f irk, policsz and public works operations roquir¢d. gpplicant must work harmoniou6lg With �zlgzct¢d officials, ntfzrgov�zrnmgzntal ag¢ncifzg, citiz¢ng and �;mplog¢gg. o rv-cQivv- an application packfzt contact Lang Gamiotva, itg G1QrWVr,5onnQl-9dministrator, 55 e5e 3rd-ftznusz, ►kn-chobm-, flD 3*974,, (863) 763-3372 QXt�zn6ion 215 or via .mail 18amiotvza@a citgofokv-fzcho:)vz�z.com. Ipplication pack¢ts must bv- rOurud or posstmark4zd bg f 'uvsday, March 29, 2005-6pplieationg ar4z subjizct to 'lorida's Public`I��zcords Law.�uccozzful cEindidatvzs arfz rQqu. . to pass a pr¢-�mplogm4znt sub6tancvz Izcr�zvning/physical. (Drug fr¢¢ workplac�'JeOe/-OVIO. 4 %r *40 Exhibit B ExpEclbq TIONS OF THE CITY A DMIN STRATOR ABLE TO FORM GOOD WORKING RELATIONSHIPS WITH THE COUNCIL, CITY ATTORNEY, DEPARTMENT HEADS AND EMPLOYEES FOCUS ON CARRYING OUT THE WILL OF THE MAJORITY OF THE COUNCIL * DECISION MAkER, BRING ISSUES TO CLOSURE PERSON WHO IS OPEN TO CHANGE AND WHO BRINGS ENERGY TO CHANGE; SOMEONE WHO CAN FOCUS ON INNOVATION AND RESULTS * PUBLIC COMMUNICATOX- STRONG PUBLIC RELATIONS WITH CITIZENRY STRATEGIC AND VISIONARY THINKER; CAPABLE OF PROVIDING ADVICE TO COUNCIL ON FUTURE TRENDS AND STRATEGIC ISSUES * STRONG FINANCIAL BACKGROUND TEAM BUILDER WITH STRONG INTERPERSONAL AND TWO-WAY COMMUNICATION SKILLS * FAMILIARITY WITH FLORIDA LAWS AND REGULATIONS DESIRABLE i on Exhibit C QUALIFICATIONS, JOB DESCRIPTION & RESPONSIBILITIES of THE CITYADMINISTRATOR As Enumerated in the City of Okeechobee Code of Ordinances It is the intent of the City Council to authorize a form of City Administration that ensures an adequate and efficient provision of services to the citizens of the City, that provides for coordinated administration of City Departments to better protect the health, welfare, safety and quality of life of the residents, and that places in the hands of the City Administrator the multitude of details which must necessarily arise from the daily operation of the City, thus enabling the City Council to perform freely its fundamental intended purpose of setting the broad policy mandates for the operation of the City. The CityAdministrator shall be qualified byadministrative and executive experience to serve as administrator and shall have a�uitable four-year college degree with a minimum of five (5) years experience in city management. The City Administrator shall be responsible to the City Council for the administration of all City affairs placed in his charge. The CityAdministrator shall carry out and exercise such powers and duties required by City Ordinance and prescribed by the City Council. The City Administrator shall have the following general duties and responsibilities: ✓ Direct and supervise the administration of all Departments, Offices and Agencies of the City, except the City Clerk's Office and as otherwise provided by law. The intent of this paragraph is to explain the City Administrator is to assist the Department Heads in the administration of their specific Departments. The specific Departments the City Administrator acts as Department Head for are: General Services (Procurement and Management), Finance, Building and Zoning. ✓ Mend all City Council meetings with the right to take part in discussions but not to vote. ✓ See that all laws and acts of the Council subject to enforcement by him or by officers subject to his supervision, are faithfully executed. ✓ repare and submit the annual budget, budget message and capital outlay program and supervise and administer all hases of the budgetary process with the assistance of the Department Heads and City Clerk, who are responsible for heir Department's budget. ✓ ake such reports as the City Council may require concerning the operation of city departments, offices and agencies nd organize and oversee the operation of said departments, offices, and agencies. ✓ egotiate.leases, contracts and other agreements including consultant services for the City subject to approval of the itv Council and see that all terms and conditions of same are performed as required and notify the Council of any noted 1W1V1QUV11• ✓ i<eep the Council fully advised as to the financial conditions and future needs of the City and make such j ecommendations to the Council concerning the affairs and operations of the City as he/she deems desirable. ✓ Perform such other duties as may be required by the Mayor and City Council. As Purchasing Agent for the City, the City Administrator shall have the following duties: ✓ (Maintain high ethical standards among all employees in the transaction of purchasing business; ✓ 'Assure that the spirit and intent of purchasing policies, as expressed by the City Council, are fully satisfied; ✓ Assure administrative procedures for the proper implementation of municipal purchasing and borrowing; ✓ !Assure that all purchases are of the highest possible quality at the lowest possible cost, consistentwith budget and use restraints and limitations; ✓ Be watchful for transgression to purchasing policies and procedures and deal with responsible employees firmly; ✓ Declare vendors who default on their quotations or bids as irresponsible bidders; ✓ Record purchasing transactions accurately and report purchasing activities to the City Council as he/she deems necessary; ✓ Award contracts and approve purchases under $7,500.00; ✓ Approve and sign all purchase orders, which is required for purchases $500.00 or over, ✓ Ensure proper disposal of surplus property when submitted by Departments. Concerning Municipal Purchasing and Borrowing, it shall be the function of the City Administrators Office to: ✓ Coordinate expected purchasing needs with budgetary considerations during budget preparation time each fiscal year; ✓ Review expected purchases to assure the availability of funds and that proper purchasing procedures are being observed; �. ✓ Receive quotations proposals and bids in the manner prescribed; �. ✓ Control expenditures through sound purchasing technique and the implementation of the provisions of the Municipal Borrowing and Purchasing Ordinance; ✓ Receive all sealed bids. Exhibit D CITY OF OKEECHOBEE, FLORIDA City Administrator Position Applicants, please respond to the following list of questions as completely as possible: 1. Why are you interested in a new position at this time; or why do you wish to leave your current position? 2. What are your three (3) strongest abilities and why are they a good match for this position? 3. In what areas do you feel you need improvement? 4. Briefly describe your work experience with governmental finance budgeting revenues and appropriations and payroll plans. 5. Give an example of when you were able to build motivation in your subordinates. Give an example of how you involve your subordinates/co-workers in helping you make a decision, or solve a problem. 6. Describe your most recent experience with dealing with poor performance by a subordinate. 7. What steps did you take to encourage communication between departments? 8. What steps did you take to further enhance the image of: The City/County? Your department? Assist Department Heads to further enhance the image of their departments? 9. Specifically, what accomplishments from your background prepare you for this position? 10. How does this position fit into your long-range professional planning? N iOT?- *40* 11. Would you describe one of the most difficult administrative problems you'have had to solve recently? (Describe the problem, the process you went through to resolve it and the factors in your decision. This could involve either a financial problem, taxing authority, regulatory agency or something of that nature.) 12. Explain your approach to leadership. 13. Describe your management style. 14. If the Council makes a decision that breaks policy, how would you deal with the situation? 15. How would you handle an aggressive reporter who was demanding to see subject matter that was very volatile and had not yet been reviewed by the City Council? 16. ' This'is a salaried management position. The incumbent is expected to get the job one. Overtime and compensatory time are not granted to this position. It will involve meetings and substantial work which are beyond normal working hours. Would working extra hours present a problem for you? 17. In conclusion, is there anything more you would like to say about yourself in reg rds to this job position? Pq Z DT 2- Exhibit I o g o "� aN h o�. -~ q u y o -�eeaaaX•aa N N N N N N N N N N N N N N N N N N N N N N N N N N M N N N N :s�tlR=�KcS�sao g"�a- neon�_satl�� sni :'sa� opN a�� ear f M b N h b - Oe 1� n - fi A t� M• N N N N N N N N ~ N N N N N N N N N N N N N N N N N N N N N N =an�a„N�ba 6 G C o o n f G em�:,nn b 8 „=e�Rb„ 0 a w R Np v n S �: n a T b^ K ri w o k �n•� - o� � n Mai � o a a N N N N N N N N N N N N N N N H N N N N N N N N N N N N N N an �F N N N N N •„ N N w N N N N Rsea��s� a=os:a T N ma N N N N N N N N N N i 11 N N N N N N N N N N N N N N c ern R� N N N N M N N N N w N N N N N N N N N• N N N N N N N N N a n o c ry n o a 3 r n• u R e>n e w s �• ^ e$ A h 0.5 S b : n h N2 I ^PAew rseri�sisa $co� .�jTeS N N N N N N N N N N N N M N N w N N N N N N N N N N N N n$ a p a a s+ rn r,a fe a a: Cr a -eaMf�b N N N M N N N M N N N M N N N N N N N N N N N N N N N N N• vn 6ghryo,� nna:e "'^e1� y �"' a-n`&oCbo�L-Rio-O(`sP� eS` N N N N N N N N Nyy N N N N W N N N N N N N N N N N N N N M N . 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N; I -4 00 M+ O M O r�I�lLn N m :lOim�O}� N E 1%W VW Exhibit G CITY ADMINISTRATOR APPLICATION PACKET CHECK -OFF SHEET O Cover Letter O Folder with business card & label O Left Inside Pocket: Application Questions 3 Employment Reference Forms Authorization to Release Form Voluntary Application Data Record O Center "Booklet": Ad (1 page - printed in color) City Employment Overview (3 pages - printed in color) Flow Chart Qualifications and Responsibilities.(1 page - printed in color) Expectations (1 page - printed in color) Operating Budget Summary (8 pages - printed on colored paper): Cover Summary of resources graph Summary of appropriation graph General fund budget summary Insurance Rates (1 page - printed on colored paper) BCBS Coverage Summary (1 page - printed on colored paper) Total Legal Care Overview (1 page - printed on colored paper) Overview of Okeechobee (1 page - printed on colored paper) O Right Inside Pocket: Material from Chamber (only if from out of town) City of Okeechobee 55 SE 3rd Av Okeech bee FL 34974-2932 Office of the City Administrator Brian Whitehall Ph 863-763-3372 Fax 763-1686 email. bwhitehalacitpofokeechobee.com o F> r * * * * *Memorandum 79 5* For For May 5, 2015 City Council meeting TO: 1 Mayor & City Council FR: Administrator Whitehall RE: ' Administrator's position advertisement, wage and interim Administrator Agenda item — New Business item J. I. With reference to the advertised WAGE: As yqu can see by the information packet that Clerk Gamiotea distributed: Admi!istrator base $75,972 (current-$86,866) Police Chief current $70,247 (base-$57,030) Fire Chief current $66,560 (base-$56,505) Dir PIab Wks current $68,138 (base-$65,161) Comparables: Current Attached pis find a print out inquiry of wages from the FLC Dade City (pop-6133) $78,797 min-$60k max-$90k Northeast of Tampa and SR 98 New4erry (pop-4950) $86,112 West of Gainesville Willis,ion (pop-2768) $72,500 Northwest of Ocala A su gested wage range of $70,000 to $74,000 should attract quality appli ants with the ability to negotiate appropriately. According to Lane's histo ical info, the 2005 advertised was $55k-$60k and an eventual starting salary of $63,500. II. With reference to an INTERIM ADMINISTRATOR: The timeline for hiring will require an interim administrator and the last time this occurred the City opted to appoint the City Attorney. Mayor Kirk requested and I've asked the City Atty if he would be interested and what time he could devote to the position. He said he would be interested but expected to devote about 20 hours/week to the job. He mentioned a potential wage but I felt that it might be worth negotiating. He currently receives $38,940 annualized av total incl base - $28,443 (contract) Memo to City Council for May 5, 2015 Council meeting RE: Administrator's position advertisement, wage and interim Administrator Agenda item — New Business item J. III. With reference to the eventual contract: Termination - The City Council should, at least initially, revert back to the original terms of the employment with reference to termination with cause requiring only a 3/5 affirmative vote (vs a 4/5 affirmative vote). Note: Currently Section 2-111(c) of the City Code reflects a majority vote and 4/5 without cause. Severance — After July 1, 2011 the City is limited in extending a severance to not to exceed 20 weeks of compensation and shall not be provided if the employee has been fired for misconduct (§ 443.036(29). IV. With reference to the `written questions' in the employment packet: The questions are generally thought provoking and I don't see a need to modify them. When it comes to the interview process there are a variety of helpful approaches online that can be used to make the most of the effort. Page 2 OA tNN0 N OO O O At0 W V 0A O0 1A1WVV7 OtVA QI WV N 0O A OO(1 C0WN ON O 10 10 O W 03 MA 01 p OOo00OoW VI OO O O O 0DO O 0O0OW O 0 O1 'Q t0 N N V N LJ Ul N V In V 0 W O N V In V OJ A V C0 W VI V ljn 01 O O Vl V co O p) 00 O W vt 00 N N 0m 0 O 00 Ot V V O V V A .� Cnm a n mOaOn NON pa o n nyspa_j mm mm :. ICm mmmrom u�ro mO c < 'yM 2 O V2 O CO O n O m o 0cr � .. 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N < a p CD N f y 'n D (D _ 0 X CD a o a < mD .. oCD 3 v 3 T N N 41 (D C.) 7 y c D N10 ;N rl N a z 3 (D m 0 'PI N C CD O a 0 r Si m N 0 n � A 0 O ' P a a 0 cr v 0 n n 0 K a o'r "1 m O j n n0 o o v v °+ o ? _ C A \V{ x VI (D 7 N 0 O c v m 0 tait .i m 2 0' K T 0• cr O O > v 3 oa n t0i1 x p O N z 0 F+ 1+ N V 10 co N O Ut m Lq O F+ 1+ 1+ I+ a m n n n s � m m m m m 0 0 0 0 0 Z Z Z vi m m u� ui v v v o 0 m m m m m m m m m m 0 0 0 0 0 N YI Yl YI VI x x x X % ac c c c c a c < < < < m m m m m 3 3 3 3 3 d d d d d 3 d d a N O O O O O 3 3 3 3 3 > > > > > m m m m m s s 0 0 0 m m m m m Pi N NJ 0 0 0 0 0 0 0 0 0 0 m m m m m N a a m c O c d m AGENDA Vill. NEW BUSINESS CONTINUED. FEBRUARY 1, 2005 - REGULAR MEETING - PAGE 8 OF 8 185 ,USSIO VOTE; ' Item added to agenda: L Discuss a Letter of Resignation, from City III 5. Clerk Gamiotea has the authority to advertise the position as she deems appropriate to get the best coverage. Administrator Bill L. Veach and discuss adverting guidelines continued. LJ 1 IX. ADJOURN MEETING - Mayor. Please take notice and be advised that if a person decides to appeal any decision made by the Cdy Council whh respect to anymatter considered at this meeting, he/she may need to insure that a verbatim record o/the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. Crly Cledc tapes are for the sole purpose ofbackup for official records of the Clerk. ATTESTi; ; .Lan Gamiotea, C, City Clerk James E. Kirk, Mayor 6. Interim Administrator. Attorney Cook will serve as Interim Administratoreffective immediately, and remain until a new administrator begins. Attorney Cook is to turn in requests for the additional hours he works with Administrator Veach during the month of February. This is in addition to his regular contract salary. Then beginning March 1, 2005 and until he no longer serves as Interim Administrator, he will receive a salary of $5,000.00 per month, or a part thereof. This is not in addition to his regular contract salary. Attorney Cook is expected to be at City Hall 25 to 30 hours per week to perform his duties as Interim. The only responsibility he will not perform while serving as interim is signing of any accounts payable or payroll checks. THERE BEING NO FURTHER ITEMS ON THE AGENDA, MAYOR KIRKADJOURNED THE MEETING AT 7:30 P.M. The next regularly scheduled meeting is February 15, 2005. The Updates! y. ti fl^om the City Administrator's Desk LL SS SE 3rd Av., Okeechobee, FL 34974 City Council meeting of May S, 2015 Administrator's position — Exhibits attached to the Agenda include the resignation and initiating the process to hire a new Administrator. Nursing Home annexation —The April 16 Planning Board addressed the zoning and future land use of the annexing property and the zoning (only) of the existing parking lot improvement. Also, the BOA approved a Special Exception for the nursing home expansion annex (in CHV — Heavy Commercial). On the Agenda are the following ordinances: Ord #1121 — Land Use change the area annexing from County zoning to City Commercial Ord #1122 — Rezoning the parking lot reconstruction area fr CPO to CHV Ord #1123 — Rezoning the annexing area from County to City CHV Impact fees repeal Ord #1124 on agenda - The 4/16/15 Planning Board approved a recommendation to the City Council to repeal the Impact fee assessment ordinance (Code Sect'n, Chapter 71, Ord #985, adopted June 5, 2007) The City moratorium on fees collection expires 6130115, we have no monies left in the Fund. The School District (Nov '14) and the County (Dec '14) adopted ordinances that terminated the impact fee process. Playground proposal for Park 6 — from the April 7 meeting, JD Mixon, Kiwanis Club, will be back on the agenda to rediscuss the special needs playground proposal. I sent him a copy of a proposed memo -to -Council last few weeks ago and it's an Exhibit. He took the initiative to approach the OUA and found that they will provide a connection service for a drinking fountain. I'm a little confused on the donation as there is already a meter pit in the corner of Park 6. Potential downtown parking lot, SW Park & SW 4 Av — D R Willson Land Co, 455 Hwy 441 SE, was approved at the Apr 7 meeting and I subsequently entered into an Engagement Agreement letter, attached. FEMA flood map (FIRM) and required Code changes. Floodplain Management (FM) ordinance 1st rdg on this agenda. Note: the format of the ordinance is unorthodox due to FL Dept of Emergency Management (DEM) wanting any local amendments reflected until they and the City are prepared for final adoption. Met w/ the Apr 16 Planning Board and gathered their recommendation to adopt the FM ordinance. B/O Jeff Newell and I met w/ Bill Royce and the County BO and staff to review the flood management practices. Received tentative approval from DEM that the sample ordinance changes I did (albeit not substantive) are ok. The adoption timeline have moved around a bit but currently anticipate 1st Rdg at this meeting and 2"d Rdg/adoption 6/16/15 (must be passed by 7/16/15). This timeline gives the City an opportunity to revisit the ordinance if DEM finds an issue during the final review process. Page 1 515115 Activity Rpt Cont'd • Downtown destination ideas — Met Thurs., 4/16/15 w/ Main Street reps to discuss potential City involvement in Main St initiatives. Shade Turgeon is on the Agenda -see Exhibit Power Point incl CRA initiation. • Agenda item - Traffic / speeding on SE 6th Av, potential installation of speed bump on SE 61Av- see 4/27/15 email - j It's become apparent that much traffic is avoiding the intersect'n project by leaving 441 N on SE 41h St to SE 61h Av and then exiting on SR 70 E. As part of that traffic flow the neighborhood is experiencing not j just significant numbers but also traveling in excess of the speed limit. The City has no other area where traffic calming speed bumps are used (not rumble strips). Prior to considering that measure, whether permanent or temporary, I'm soliciting some input from you on the matter. j for the time being, PD is patrolling the area. • Legislative issues — Rec'd this from Dale Milita, CAS Gov Services: Just a note to update you a bit on information you've probably heard from a half dozen other fiources. There are NO solutions yet as to what happens this Friday (5/1/15 propo ed end of session) evening (UPDATE — House abruptly adjourned the session Tue., pr 28), the main thing is there will be NO budget and the other is whether or not the Legislature will adjourn or extend. Right now, there is no agreement on that. It appea�s the House wants to Adjourn and come back in late May or in June in Special Sessi n and the Senate has suggested extending until June 30th to give time to try and solve LIP funding issues. Local projects are all in jeopardy until (if) funding issues come in for a safe landing. I will continue to update as things change. Note: 'CAS Gov Services added lobbyists Jim Spratt, Joe Spratt, Richard Coates and Noreen Fenner to assist them in Tallahassee. • FDOT Signal Maintenance Agreement — I mentioned in a prior report that FDOT has been attempting to modify their state wide signal maint agreements. We're working on the 3rd draft and it's due back w/ the Sate in July. DPWks Allen has just reviewed the Agreement and provided me with several issues that he sees as important. The latest proposal increases the potential reimbursement to about $16,000. In Aug we rec'd $9000 in reimbursement. For comparative purposes, the City rec'd — 2007 - $7200, 2011 - $8300. City Atty: • Railroad xing improvement at NW 9th Av City invoiced — Pls see the attached letter Atty Cook authored in response to the CSX 2"d request to pay for refurbishing the RR crossing. Atty Cook reed a 3110115 CSX response to his inquiry about the new RR crossing at NW 9th Av and the price tag-$38,000+/- (100% City payable). John and I have discussed what might separate the City from the commitment is that in '92 the City was looking for a smoother surface and perhaps agreed to pay a premium for that, hence the "rubber" surface. CSX did not reinstall a rubber surface at the location this time. They refer to a 1992 Agreement and a $16k submittal by the City in 1992 as evidence of the City's commitment. The only commitment we are able to get out of CSX is that they expect the cost to be less than the estimate and that they would be willing to stretch the $39k over several months. Page 2 515115 Activity Rpt Cont'd City Clerk: • Centennial Celebration — see Clerk's report / JD Mixon is on the Agenda. Voting Members: Advisory Members: Staff. Magi Cable, Jeanne Enfinger Justin Domer Brian Whitehall, City Administrator Sharie Turgeon, John Williams Katrina Elsken David Allen, Public Works Director Dawn Hoover, Vice Chair Donna Gaiser Lane Gamiotea, City Clerk J.D. Mixon, Chair Susan Giddings Antoinette Rodriguez-(Resipninq - no longer Chamber of Commerce affiliated) • Agenda item is to discuss replacement for Ms. Rodriquez. i General Services / Planning Board: • Planning Bd — April 16 meeting - Nursing Home (see above mentioned) Impact fee repeal (see above mentioned) FEMA Flood Plain (see above mentioned) Modili International USA, 1127 SW 12 Av (f/k/a John's Auto) Sp Exc Extension. He has two expiring SE, 14-003SE — j Wholesale/warehouse and 14-004SE- Mechanic/repair\See attached memo from Planner Brisson. The BOA approved the stores SE to Aug 15. Historic Preservation ordinance is outstanding. • SE 10th Av development — our understanding is that a 3800sq ft Zaxby's chicken restaurant is planned for the former trailer court area... anticipates an application for a special exception drive-thru for the May 21 BOA mtg. !-fI OR Finance: • Budget adjustments — We expect to have the auditors present the fye 9/30/14 report at the June 2 meeting. In the meantime, we are working on 2015 mid -year budget adjustments expected to be presented at the May 19th meeting. • Waste management rates — We have asked Waste Management to supply new customer rates. Last year we administratively changed the COLA determination month to March of each year in an effort to assist with the timeline constraints of passing the Resolutions and assure the County Assessor applies the rates accordingly. Fire/Code Enforcement: • Smoke Alarm initiative — Chief Smith along w/Fire Rescue have gathered my approval to seek a $68k grant w/ a 5% match ($1700-City) to purchase some 2000, 10-yr battery operated smoke/CO detectors. The grant ap is $250 for ea entity and, according to Smith, is pretty much a 'slam dunk'. There's some administrative detail to work on, participant agreements/hold harmless, installation processes. Chief is investigating other communities' methodology, but it sounds promising and is certainly a great cause for our people to involve themselves in. Page 3 Sign Ord issues — Code Enforcement has had their hands full with signage enforcement and I think I mentioned that the proliferation of banners being used as signs is one of the issues. Banner means a sign having letters, illustrations or ornamentations applied to paper or fabric of any kind, with only such material for a backing. A flag is not a banner. A banner is an exempt sign requiring no permit and businesses are using the 'temporary' banners as permanent cheaper alternatives. Speaking of cheaper alternatives that have become a problem that I believe the Council may have inadvertently passed with the sign ordinance is the categories of `exempt signs' (no permit required) is the sticky -back or signs inside of a window (Sectn 90-567 (10): d. Window signs affixed to the interior of windows which are visible from the exterior. The area of such window signs shall not be counted as part of the allowable area for building signs. e. "Sticky -back" window coatings or thin coverings affixed to the outside of windows by an adhesive shall not be counted as part of the allowable area for building signs. I'm enclosing some pictures of some issues we are having but you can drive around town and see several of the same types of examples. Please feel free to contact me with your opinion and I can gather additional information, including interpretive advice from Atty Cook to bring to a future meeting. Polic • 911 services — Karl Holtkamp, Okee Fire/Rescue, Co Adm Chartier, Chief Smith, Chief Davis, Maj Peterson and I met 1115115 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. Public Works: • Street striping 'piggybacking' a St. Lucie County bid #14-005 for street paint stripping services is on the agenda... provided by Whiteleaf, Inc., d/b/a Traffic Solutions. 3001 Industrial Av., Ft Pierce, FL 34946 Confirmed: Contract dated 1/21/14 (St Lucie contract #C14-01-049) The contract appears to cover all the necessities incl, public Records, Insurance/wk comp, drug free, ant -collusion and the like Bid tabulation & bid documents Bid advertisement Whiteleaf will be required to apply for an Okeechobee BTR, along with a County BTR. And provide the City with not only the Agreement to Piggyback, but also provide insurance to the City, naming the City as additional insured • 2014-15 Asphalt program —The next phase will be SW 5th Av. David is investigating a striping contractor through the County via `piggybacking'. • 441/70 intersection project — We've had some issues with the project: 1. I've enclosed a graphic on the finished product for the lanes just for clarification purposes. There have been ample complaints that there is not a dedicated right hand turn lane on any approach lane. Page 4 2. The traffic 'tapering' east bound on SR 70 E at E 3�d Av is too abrupt and there's been many vehicles hitting the curb, by the flag pole. David has advised FDOT of our concerns at the weekly Thurs morn construction meeting... he says that they recognize the problem. Project web site: http://co.okeechobee.fl.us/ click link entitled 'County Documents' on left side of home page. 441 median landscaping (Grant funded -Main St) — FDOT for grant - $96,492.71. Spoke to M. Schulte, the landscape architect during the week of Apr 20 and, after being pressed (i.e. threatening to go the political route); he guessed two weeks to reimbursement, after speaking w/ the Dept new Landscape Architect. Trees for landscaping — I've reported on a few occasions that we had hoped to get trees from the Goodbread property but have been unsuccessful arranging that. Now we have two new choices — Marcus Lowe, NW 59th Terrace, has a variety of Queen and Washingtonian palms avail from a former tree farm he is clearing. OUA facility at the west side of the water treatment plant, a former tree/landscape business that has the same varieties. We plan to move on these trees in the near future. CANAL CLEANING PROJECT. - A. GRANT APPROVED - Canals - Legislative Grant $100k - Agreement w/ DEP — Executed the Grant Agreement for the water conveyance project. The grant expires Nov 5. The City requested $450k but was only funded to the $100k. For the 2015 legislative requests, the City again requested $450k. I'm a bit concerned about the timeline now that the State legislature seems to be in a state of flux over budgeted programs, which, of course translates to no quick decision on the City's funding request. B. GRANT — Canals — SFWMD grant — On 11/18114 submitted a grant ("cooperative funding Program CFP') application for additional funding ($185k) to assist the City in completing the canal cleaning project ... have nothing new to report. The Part 1 applications/projects will be presented to our Governing Board to determine which projects should be further considered for FY2016 cost sharing in Part 2. Applicants reaching Part 2 will be requested via a second application to submit detailed project information, timelines, and funding commitments and benefit quantifications. CENTENNIAL PARK PROJECT: I received a proposed Engineering Agreement from Culpepper & Terpening, as part of a continuing, underlying, continuing Services Contract, for development of the park, from geotech (probing, soil test/etc), construction plans, project permitting ( SFWMD, DEP), through the bidding process. C&T has done surveying work that has generated the attached updated site plan, albeit it doesn't reflect some of the amenities that were in the original rendition. That surveying was necessary for the prior grant applications, mentioned below, incl Taylor Creed bank/slope definition for the FWC anticipated work and was part of a contract w/ C&T for $24,000 (of which $12,500 has not been used). Page 5 The just rec'd proposed contract is $38,520. 1 have to do some serious negotiating w/ C&T on that cost to reconcile with the outstanding agreement and see what services (costs) they are providing that we may be able to avoid ... all this prior to bringing it back to you for approval. A. GRANT - Centennial Park (fka Taylor Creek Park)grant applications — FWC — March 5, met w/ FWC reps Steve Gornak & Beacham Furse along with Stef Matthes, C&T and DPWks Allen and reviewed the grant status and coordination of C&T activities to date meshing w/ FWC funded (reimbursement) services. After C&T provides finished surveying info to FWC they will pay for surveying for bank redevelopment. After June (new fly, assuming funding) FWC plans on reimbursing the bank stabilization ($35k) and bio-swale exc ($4k), and various plantings ($15k). B. GRANTS - Centennial Park grant applications — FL DEP — As reported prior hereto the City reed rejection letters from the FL DEP for both the TMDL (total max daily load) and Sect'n 319 grants. 1 reed a completed draft that we anticipate submitting. The new application info was prepared after a conf call w/ Connie Becker, DEP. The new TMDL grant funding, if approved, timeline: 2015 summer— submittal - award notification 2015 Sept — EPA approval of plans 2016 early - City advertise/award 2016 July — construction commence 2016 Dec, 2017 Jan — figure 6 months to complete construction Background: TMDL Water Quality Grant App for $367,260 of which requires a 50% match ($183, 630). Section 319 calls for a $367k grant and a $147, 052 (4091o) match. GRANT APPROVED $57,750 - Small City/County Outreach Program (SCOP) program street reparation (& storm sewer) at SW 2" Av 8 St — I rec'd the FDOT SCOP Agreement and am reviewing... expect it next meeting. Timeline that FDOT arrived at: Design plans contract to begin on or before July Is', 2015 and design plans to be completed by December 31 S`, 2015 Actual construction shall begin no later than March 1", 2016 and be completed by December 31, 2016 (the Agreement end date) Page 6 New LBusiness: • County Strategic Planning Exercise - Administrator Chartier is coordinating a planning session and the tentative agenda is below. The opportune time for Council members to attend to hear from various agencies is Wed., May 6 from approx 1 pm to 3pm STRATEGIC PLANNING PROCESS MAY 0 & 7, 2015 WILLlAMSON CONFERENCE CENTER AUDITORIUM THIS WEETING WILL BE RECORDED AND IS PUBL/CALLYADVERTISED MAY i, 2015 10:00 am — 3:00 pm DAY 10:00 am : OPENING REMARKS: Robbie Chartier & Rod Clouser 10:15 am —11:45 am: Teamwork BOCC & Administrator Group Activity 11:45 am Lunch Noon State of the County Presentation — Robbie Chartier, County Administrator 1:00 Om — 3:00 pm Key Stakeholder Input 1. Honorable Paul May, Sheriff 2. Honorable Sharon Robertson, Clerk of Circuit Court 3. Honorable William Sherman, Property Appraiser 4. Honorable Diane Hagan,. Supervisor of Elections 5. Honorable Celeste Watford, Tax Collector 6. Cit of Okeechobee 7. Jo Arnold, Chairman, Okeechobee County School Board 8. Ru s Brown, Provost, Indian River State College 9. Steve Nelson, Chairman, Okeechobee Utility Authority Board 10. Erin Hess, Administrator, Okeechobee County Health Department 11. John Williams, President, Economic Council of Okeechobee 12. Todd Clemons, Okeechobee County Cattlemen's Association 13. John Gurney, Business Assistance Director, Chamber of Commerce 14. Shane Turgeon, Executive Director, Okeechobee Main Street MAY , 15 — 9:00 am — 2:00 pm DAY 9:00 m R20ecap of Day 1 — Robbie Chartier, County Administrator b. Whot was heard that should be considered? c. Consolidation of ideas into categories d. Narrow Topics (Identify a top 10 list) — BOCC only e. Narrow Topics (Identify the top 3 — 5) priorities — BOCC only f. Identify Who is Responsible for enacting priorities g. Timeline to begin priorities h. Timeline to Report Progress on Priorities Page 7 D.R. WillsoylLAd Company COMMERCIAL REAL ESTATE APPRAISAL, BROKERAGE & CONSULTING SERVICES REAL ESTATE DEVELOPMENT APPRAISAL LAND USE& ACQUISITION ZONING CHANGES DISPOSITION CONSULTING SPECIAL EXCEPTIONS LEASING DEVELOPMENT April 10, 205 MS. Patty ML Bumette General Serices Coordinator City of Okeechobee 55 Southeas 3rd Avenue OkeechobeeL FL 34974 PLEASE REPLY TO 455 Hwy 441 SE Okeechobee, Florida 34974 (863) 763-0999 Fax # (863) 824-6137 Via E-Mail Only pburnettera?citvofokeechobee.com Re: App#a sal Report Vacant Commercial Lot SW Park Street City pf Okeechobee B.167, L.6 Oke tile hobee, FL Our #C1501000 Dear Ms. D. ROBERT WILLSON, MAI, CCIM CERT GEN.RZ 0001621 LIC. REAL ESTATE BROKER vwvw.MyOkeechobee.com E-mail Address: I thank you or your request for an appraisal quote/engagement letter for the above -referenced property. It is also an hon r. Per your request, we have determined a reasonable fee and turnaround time for the above - referenced Appraisal Assignment. The scope of the assignment is to estimate the market value for the property identified above for use in acquisition negotiates. The current date of inspection will be the effective date of value, and will be within a reasonable timeframe of our receiving this signed engagement letter, or as directed by you. Our work will be performed in accordance with the requirements of the State of Florida and USPAP. Our fee for a assignment will not exceed $1,200. Office policy is to receive a 50% retainer prior to starting our analysis with the remainder due prior to delivery, however we waive the retainer requirement for municipalities. The report will be completed approximately two to three weeks from our receipt of a signed copy of this letter. We understand that time is of the essence. Unless otherwise requested, acceptance of this proposal will also indicate approval for us to contact the owner directly to obtain the necessary information needed to complete this assignment, as well as any other data deemed appropriate. This agreement also assumes we will receive information by the various City of Okeechobee branches of government in a timely manner. The main reason for this request is that this is one of the last commercial parcels of its kind in the immediate vicinity. I will be asking questions such as requirements for drainage, parking, etc. as the parcel has been vacant for many years. I think, at this time, the main question is that if the owner or the buyer were to build the property out, how many offsite parking spaces are still in reserve for this property considering the www.MyOkeechobee.com _ changing of uses this corridor has had that already require a certain number of off site parking spaces. Then, how many onsite parking spaces would be required. These are important issues in determining the Highest and Best Use of the property. Anyway, those are a few of the issues that will need to be addressed during the valuation process. I typically include in this proposal/letter of engagement my standard qualifications page for your review. In this case, you already have them. Although we have given great consideration to the property type, scope of the assignmjent, etc. in our fee quote and timeframe, if there is any concern over the fee and timeframe or if you feel I have missed something, please simply give me a call to discuss. Again, I thank you for the opportunity' to assist you in this matter. Sincerely; D.R. WILLSON LAND COMPANY D. Robert Cert Gen 1521 MAI, CCIM Ifyou agree, please sign, date and return: Signature I' L 7/15� / Date �r ,t - ..OF ' OkFFP �v yo tip, m. m O a 1915Ciad of Okeechobee April 7, 2015 Timothy P. Browning 6737 �outhpoint Drive, South J180 Jacksonville, Fl. 32216 Re: j DOT# 628055B Milepost SX 908.21 City of Okeechobee Mr. Browning: I have been discussing this crossing issue with the city administrator, and your respo�se dated March 10. In particular, the information set forth on page 2 of your letter concurs with my recollection of the original agreement, as I was city attorney in 1992 as well. j You state the City originally requested installation of the rubber crossing surface, which is a non-standard replacement for CSX. We made that request since that crossing is the ain thoroughfare for school buses and traffic to and from for an elementary school, middle school, and to some extent, the high school, and is heavily traveled. As far as our obligations under the 1992 agreement, you state that it " was reasonable for the parties to contract for both the installation and future replacement of this n$n-standard crossing surface type." While that may be true, the replacement recen#y installed is timber and asphalt, not the rubber surface, which arguably is now a rough r crossing than the prior rubber crossing you replaced. II plan to recommend to the city administrator that (1) we place the matter on a city council agenda to rescind the 1992 agreement; and (2) present to the council your response which I would hope include some accommodation on your part as to the request for a $38,000.00 crossing for which we did not contract. Kindest Regards, John R. Cook City Attorney Cc: Brian Whitehall 55 S.E. Third Avenue - Okeechobee, Florida 34974-2903 - (863) 763-3372 - Fax: (863) 763-1686 ,SPrvirP. Memorandum To: Board of Adjustment (BOA) From: Bill Brisson, AICP Sr. Planner, LaRue Planning & Management Date: April 8, 2015 Subject: Requested extension of Special Exception Approvals N On Augu 21, 01�he BOA -approved -A lications for the following Special Exceptions for the property I catbd at 1127 SW Park Street: 1. 14-00� to allow wholesaleMarehouse use 2.1 14-004-SE, to allow mechanical and repair services The LDRsI require that an approved Special Exception must be put to use within 180-days. That period expired on February 17, 2015. The LDRs allow the Board of Adjustment to consider a hardship when reviewing a request to renew/extend a Special Exception approval that has lapsed. The Applicant, Mr. Aaron Feng, has requested an extension/renewal of the above Special Exceptions. He has submitted a detailed explanation as to why the business has not yet opened and why the extension/renewal is necessary. After reviewing the information provided by Mr. Feng, it is clear that he has made substantial and concrete progress towards improving the proper'y and opening the business. I believe that that these efforts meet the intent of the provision �Ilowing the Board to renew the Special Exception approvals. While Mr. Feng's request is for an extension/renewal to September 1, 2015, should the Board be favorably disposed towards granting the extension/renewal, I suggest that it should not exceed the term of the original approval, i.e., 180 days. This would indicate that the extension/ renewal should be granted only for a period of 180 days beginning on February 17, 2015. 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W `I 1 W = o O 4i 3 'p 3 A y V V T A W \ - A W O •" 3 A N N O x O V 1n O y Ln N ry 10 10 O I I I,J A lr, _ /�O A A a x c` hIv!N9NIALd AEI c' o o -T N 3 3 3 3 N N A ' s,voiaoid h _,,iI1�'1In ` ` m�E1v oure N O Iv 00 A z 1 _ k rn m 10 o ,.. o Ao A SEE SIGNING AND PAVEMENT MARKINGS MATCHLINE SHEET(4) *40W Lane Gamiotea From: Brian Whitehall <bhitehall@cityofokeechobee.com> Sent: Tuesday, May 05, 2015 1:39 PM To: Councilman Dowling Watford; Councilman Gary Ritter, Councilman Noel Chandler, Cc: Subject: Attachments: Mayor Kirk 'Robin Brock'; 'Lane Gamiotea' agenda items CRA TIF memo 2015 05 05.docx; memo Admin hiring 2015 05 05.docx; PRM appointments.docx Good afternoon - Sorry for the late memos and I plan to supply hard copies w/ attachments at tonight's meeting. 1. Main Streot appearance and development of a CRA/TIF 2. Hiring an l clmin, wage & hiring an interim admin 3. Also, we are adding designation of PRM representation. India and I were discussing representation at the annual Public Risk Management Conf, June 17 —19. Because there is a voting process the City Council is required to formally designate representatives. We added the Mayor, but I haven't cleared that w/ him ... solic ting representation. India indicated that she can probably attend the Friday morning general membership meeting where votes are case, but PRM normally encourages two free attendees (room paid). As the memo; states, Council Williams normally would attend (w/ his wife Jackie). Thanks Bw ee"za&J 100 2, eaw Brian Whitehall Administrator City of Okeechobee 55 SE 3rd Avenue Okeechobee, FL 34974 863-763-3372, Ext. 212 FAX: 863-763-1686 Email: bwhitehalIO-citvofokeechobee.com Website: http://www.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. Mike O'Connor From Sent: To: Subject: Attachments: Please see belo 'e�'xatu y 10G�'I�eanQ / Robin Brock Executive Secretary 55 SE 3Id Avenue Okeechobee, FL 34974 863-763-3372, �xt. 212 FAX: 863-763-1 86 Email: rbrock c fit ofokee Website: httq://Www.city< Robin Brock <rbrock@cityofokeechobee.com> Tuesday, May 05, 2015 11:03 AM Dowling Watford; Gary Ritter; Mayor Kirk; Mike O'Connor; Noel Chandler; Brian Whitehall; David Allen ; Denny Davis; Donnie Robertson; Fred Sterling; Herb Smith; India Riedel; Jackie Dunham; Jeff Newell; Kim Barnes; Lane Gamiotea; Marty Thomas; Melisa Jahner; Melissa Henry; Patty Burnette; Robin Brock; Sue Christopher; Terisa Garcia FW: National Day of Prayer image001jpg 90Tiil NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. From: Nancy Vauohan [mailtomumberldce@aol.com] Sent: Tuesday, May 05, 2015 10:51 AM To: rbrock('Ocityofpkeechobee.com Subject: Re: National Day of Prayer People start gathering with their lawn chairs at 11:30, program starts with the ROTC flag presentation at noon. Lunch begins at noon. HOWEVER, it is supposed to rain. So, First United Methodist will host the event if that is the case..... Lunch in the Fellowship Hall, prayer in the Sanctuary at noon. -----Original Message ----- From: Robin Brock <rbrock(o)cityofokeechobee. com> To: Nancy Vaughan <number1dce(Qaol.com> Sent: Tue, May 5,,2015 10:46 am Subject: National Day of Prayer Good morning,Ms. Nancy, What time is the National Day of Prayer event on May 7th? Mike O'Connor From: Robin Brock <rbrock@cityofokeechobee.com> Sent: Tuesday, May 05, 2015 9:56 AM To: Dowling Watford; Gary Ritter; Mayor Kirk; Mike O'Connor; Noel Chandler Cc: Brian Whitehall; David Allen ; Denny Davis; Donnie Robertson; Fred Sterling; Herb Smith; India Riedel; Jackie Dunham; Jeff Newell; Kim Barnes; Lane Gamiotea; Marty Thomas; Melisa Jahner; Melissa Henry; Patty Burnette; Robin Brock; Sue Christopher; Terisa Garcia Subject: 2015 Law Enforcement Memorial Announcement, from Okeechobee County Sheriff's Office: 2015 Law Enforcement Memorial Every day, Florida's Law Enforcement Officers put their lives on the line for the safety of the public. During the month of May, law enforcement agencies across the United States will hold memorial services. The Okeechobjee County Sheriff s Office will convene on Wednesday, May 6, 2015 at 9:00 a.m. on the frdnt steps, to acknowledge officers who lost their lives. Please join us to remember. Michele Bell, PIO Robin Brock Executive Secretary 55 SE 3`d Avenu@ Okeechobee, FL34974 863-763-3372, Ext. 212 FAX: 863-763-1686 Email: rbrock(uD-c(tyofokeechobee. com Website: http://vffw.cityofokeechobee.com NOTICE: Due to Florida's broad public record laws, this email may be subject to public disclosure. No virus found in this message. Checked by AVG - www.avg.com Version: 2015.0.5863 / Virus Database: 4339/9701 - Release Date: 05/05/15 1